TERMS OF USE AGREEMENT

Last Updated Date: November 9, 2026

Welcome and thank you for your interest in Nuance Labs, Inc. (“Nuance”, “we”, “us” or “our”). This Terms of Use Agreement (“Terms of Use”, and together with any applicable Supplemental Terms (as defined in Section 1.1 (Supplemental Terms)), the “Agreement”) describes the terms and conditions that apply to your use of (a) the website located at https://www.nuancelabs.ai/ and its subdomains, and any of Nuance’s other websites on which a link to these Terms of Use appears (collectively, the “Website”) and (b) the services, content, and other resources available on or enabled via our Website, including Nuance’s artificial intelligence platform enabling user interaction with avatars (collectively, with our Website, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING A CHECKBOX TO ACCEPT OR AGREE TO THESE TERMS OF USE, CLICKING ON THE “CONTINUE” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY, (3) YOU ARE AT LEAST 18 YEARS OLD AND OF LEGAL AGE TO FORM A BINDING CONTRACT WITH NUANCE, (4) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; (5) YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, CANADA, THE EUROPEAN UNION OR THE UNITED KINGDOM; (6) YOU ARE NOT A RESIDENT OF OR LOCATED IN COLORADO, CONNECTICUT, ILLINOIS, OR TEXAS, AND (7) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

EUROPEAN USERS: IF YOU ARE A CONSUMER USER LOCATED IN THE EUROPEAN UNION OR THE UNITED KINGDOM, CERTAIN ELEMENTS OF THESE TERMS OF USE DO NOT APPLY TO YOU, INCLUDING THE DISPUTE RESOLUTION NOTICE IMMEDIATELY BELOW AND SECTION 14 (ARBITRATION AGREEMENT). PLEASE REFER TO SECTION 16 (NOTICE TO EUROPEAN CONSUMER USERS) BELOW, WHICH SETS OUT THE TERMS THAT APPLY TO YOU. YOU WILL BE CONSIDERED TO BE A CONSUMER USER IF YOU ARE USING THE SERVICE FOR PURPOSES THAT ARE WHOLLY OR MAINLY OUTSIDE OF YOUR TRADE, BUSINESS, CRAFT OR PROFESSION.

Dispute Resolution: PLEASE BE AWARE THAT SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND NUANCE. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US THROUGH BINDING, FINAL ARBITRATION, WITH LIMITED EXCEPTIONS, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE PROCEEDING OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

SUBJECT TO SECTION 16 (NOTICE TO EUROPEAN CONSUMER USERS) THE AGREEMENT IS SUBJECT TO CHANGE BY NUANCE IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 15.6 (AGREEMENT UPDATES).

1. USE OF THE SERVICE.

The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Unless subject to a separate license agreement between you and Nuance, your right to access and use the Service, in whole or in part, is subject to this Agreement.

1.1 Supplemental Terms. Your use of, and participation in, certain features and functionality of the Service may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set forth in the applicable supplemental Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms of Use are inconsistent with the Supplemental Terms, then the Supplemental Terms control with respect to such supplemental Service.

1.2 Artificial Intelligence.

(1) AI Services and Responses. The Service includes services and features that utilize artificial intelligence (“AI Services”), including the ability to interact or converse with an avatar (each, an “Interaction”) through audio and/or video conference as well as other functionality. Nuance has not verified the truthfulness, accuracy or completeness of any resulting information, materials or other content (such as images, video, text, audio, music, and sound effects) that may be generated as a result of Interactions (collectively, “Responses”). Due to the nature of artificial intelligence technology, the Responses generated by the AI Services may be unpredictable and may include information that is inaccurate, incomplete, harmful, offensive or misleading. Responses do not represent our views. As between you and Nuance, any Responses will be deemed to be “Your Content” (as defined in Section 3.1 below), except that, notwithstanding the foregoing, “Your Content” does not include, and Nuance and its suppliers and licensors reserve and retain, all rights, title and interest in and to the avatars and their images, voice, appearance, reactions, expressions, response to stimuli, music, sound effects, likeness and other distinctive attributes, including without limitation all rights of publicity, copyrights and other intellectual property rights therein and thereto. Nuance does not represent or warrant that Responses are protectible by any intellectual property rights. Nuance does not guarantee that you will have the necessary rights to use the Responses for your intended purposes, or that the Responses do not incorporate, infringe or misappropriate the intellectual property or proprietary rights of any third party. Due to the nature of our technology, and artificial intelligence in general, Responses may not be unique and other users may receive the same or similar Responses from the AI Services. “Your Content” does not include Responses generated for other users.

(2) Disclaimer. You acknowledge that Responses are generated based on Input (as defined in Section 3.1 below), and that all Interactions and Responses are provided “AS IS” and “with all faults”. Nuance makes no representations or warranties of any kind or nature with respect to Responses or any other aspect of the Interactions. NUANCE EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS OR SUITABILITY. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE AI SERVICES. YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THAT NUANCE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INACCURATE, INCOMPLETE, HARMFUL, OFFENSIVE OR MISLEADING RESPONSES THAT ARE PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, FOR ANY HARM OR LOSSES THAT MAY ARISE FROM YOUR TAKING OR NOT TAKING ACTION IN RESPONSE TO ANY RESPONSES, FOR THE UNAVAILABILITY OF ANY AI SERVICES, OR FOR ANY DECISION TO DISCONTINUE, SUSPEND, OR TERMINATE ANY AI SERVICES.

(3) Use at Your Own Risk. You are solely responsible for evaluating the accuracy and appropriateness of all Responses and for ensuring that your use of the Responses complies with all applicable laws. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY RESPONSES GENERATED BY THE AI SERVICES, AND YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE, INCLUDING ANY POTENTIAL COPYRIGHT INFRINGEMENT CLAIMS FROM THIRD PARTIES OR ANY DISCLOSURE THAT PERSONALLY IDENTIFIES YOU OR ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE AI SERVICES, AND ANY CONDUCT YOU ENGAGE IN AS A RESULT OF THE INTERACTIONS OR THE RESPONSES, IS AT YOUR OWN RISK. YOU SHOULD NOT RELY ON ANY RESPONSES AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU AGREE NOT TO USE ANY RESPONSE FOR ANY PURPOSE THAT COULD HAVE A LEGAL, SIMILARLY SIGNIFICANT OR MATERIAL IMPACT ON ANY PERSON, SUCH AS MAKING CREDIT, EDUCATIONAL, EMPLOYMENT, HOUSING, INSURANCE, LEGAL, MEDICAL, OR OTHER IMPORTANT DECISIONS ABOUT SUCH PERSON. IF A RESPONSE REFERENCES ANY THIRD-PARTY PRODUCTS, SERVICES, OR PERSONS, SUCH REFERENCE DOES NOT MEAN THAT THE REFERENCED THIRD PARTY ENDORSES, IS AFFILIATED WITH, OR HAS ANY RELATIONSHIP WITH NUANCE.

1.3 Usage Limits. Nuance reserves the right to impose limits or restrictions on your use of the Service, or any feature thereof, including limits on the number, frequency, length, or duration of sessions or interactions (including with the artificial intelligence avatar), at any time and in its sole discretion, with or without notice to you. Your continued use of the Service is subject to any such limits or restrictions as may be in effect from time to time.

2. REGISTRATION.

2.1 Registering Your Account. In order to access certain features of the Service, you may be required to register an account on the Service (“Account”), or have a valid account on an applicable Third-Party Service (defined below) through which you can connect to the Service, as permitted by the Service (each such account, a “Third-Party Account”).

2.2 Access Through a Third-Party Service. The Service may allow you to link your Account with a Third-Party Account by allowing Nuance to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Nuance and/or grant Nuance access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Nuance to pay any fees or making Nuance subject to any usage limitations imposed by such third-party service providers. By granting Nuance access to any Third-Party Account, you understand that Nuance may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“Third-Party Service Content”) so that it is available on and through the Service via your Account. Unless otherwise specified in this Agreement, all Third-Party Service Content is considered to be Your Content (as defined in Section 3.1 (Types of Content)) for all purposes of this Agreement. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personal data that you post to your Third-Party Accounts may be available on and through your Account on the Service. If a Third-Party Account or associated service becomes unavailable, or Nuance’s access to such Third-Party Account is terminated by the third-party service provider, then Third-Party Service Content will no longer be available on and through the Service. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND NUANCE DISCLAIMS ANY LIABILITY FOR PERSONAL DATA THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Nuance makes no effort to review any Third-Party Service Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Nuance is not responsible for any Third-Party Service Content.

2.3 Registration Data. In registering an account on the Service, you shall (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.4 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Nuance. Nuance reserves the right to terminate your Account if it has been inactive for one hundred eighty (180) days, and, in such event, you shall not be entitled to any refund. Furthermore, you are responsible for all activities that occur under your Account. You shall not permit use of your Account by minors (i.e., individuals under the age of 18), and you will accept full responsibility for any use of the Service by minors. You may not share your Account or password with anyone, and you agree to notify Nuance immediately of any unauthorized use or other compromise of your password, your Account or any other breach of security. If you provide any information that is untrue, inaccurate, incomplete or not current, or Nuance has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current, Nuance has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Nuance reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Service if you have been previously removed by Nuance, or if you have been previously banned from any of the Service.

2.5 Necessary Equipment and Software. You must provide all devices and other equipment or software, including camera and microphone, necessary to access or use the Service. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

3. CONTENT.

3.1 Types of Content. Subject to your compliance with this Agreement, you may make available, share or upload information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials (“Content”) to the Service, including through your inputs, conversations, prompts, comments, questions, and other communications with our AI Services (collectively, “Input”). In addition, if you use the avatars that we make available as part of our AI Services, we may process and, subject to your applicable Account settings and/or consent choices (in each case to the extent that Nuance makes such settings and/or choices available to you), record, capture and otherwise process your image, face, voice, reactions, expressions and other responses to stimuli (collectively, “Your Audiovisual Data”) during your Interactions with our avatars. You, and not Nuance, are entirely responsible for all Input and other Content that you upload, share, post, email, transmit, query or otherwise make available through or to the Service (collectively, and including any Third-Party Service Content and Your Audiovisual Data, “Your Content”). For clarity, “Your Content” excludes data derived from Your Content that has been aggregated or anonymized such that it no longer constitutes personal data under applicable law. You represent that you own and/or have sufficient rights to use Your Content in connection with the Service, including to grant the license set forth in Section 3.2 (License to Your Content). To the extent that you download or export recorded portions of an Interaction between you and one of our avatars (each, a “Clip”), you are responsible for ensuring that any such Clip, including all of Your Content included therein, complies with this Agreement and our Acceptable Use Policy located at app.nuancelabs.ai/acceptable-use (“Acceptable Use Policy”) before downloading or exporting it. You may not use any Clip for any commercial purpose and agree that you will use Clips only for your own personal and non-commercial use. Nuance may require you to delete and stop using Clips at any time. If requested by Nuance, you will promptly delete and stop using any Clips.

3.2 License to Your Content.

(1) You grant Nuance a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable (through multiple tiers of sublicensees) right (including any privacy or moral rights) and license to use, copy, reproduce, modify, adapt, prepare derivative works from, translate, distribute, publicly perform, and publicly display Your Content (in whole or in part) (i) to operate and provide the Service to you and to our other users; and (ii) subject to subpart (b) below, to train, develop, enhance, evolve and improve the Service and the underlying AI Services, artificial intelligence models, algorithms and related technology, products and services (including for labeling, classification, content moderation and model training purposes).

(2) To the extent made available by Nuance to you and to the extent you exercise any applicable Account settings and/or consent choices identifying that you do not want Nuance to use Your Content for any future training, developing, enhancing, evolving or improving the AI Services, artificial intelligence models, algorithms and related technology, products and services, Nuance will not use Your Content for such purposes; provided, however, that, even where you have exercised such applicable Account settings and/or consent choices: (i) if you provide Feedback (as defined in Section 4.5 (Feedback)) to us regarding any of Your Content, Nuance may use your Feedback for the purposes described in this Section 3.2 and as otherwise permitted by applicable law, (ii) Nuance may use Your Content for the purposes described in this Section 3.2 and as otherwise permitted by applicable law where Your Content is flagged, by Nuance or its service providers in their sole discretion, for safety or other Acceptable Use Policy reasons and (iii) Nuance may derive de-identified data from Your Content for the purposes described in this Section 3.2 and as otherwise permitted by applicable law. Without limiting the foregoing, you will not have any right of approval, nor will you receive any additional compensation or royalty, in connection with any use of Your Content as described in this Section 3.2.

3.3 Content Restrictions. Your use of the Service must comply at all times with Nuance’s Acceptable Use Policy, which may be updated by Nuance from time to time in its sole discretion with or without notice to you. Without limiting the foregoing, you must not share Content on or through the Service, or attempt to elicit any Responses through the Service or during any Interaction, that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Service; or (d) consists of financial, medical/health or other sensitive personal data (including that which is defined by applicable laws) such as government IDs, passport numbers or social security numbers. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Nuance in its sole discretion. You may not use the Service, or permit any third party to use the Service, to post, submit, disclose, or otherwise make available to Nuance any Content or other personal data involving any other person, including such person’s name, image, voice, or other personal characteristics, whether by including them in Your Content, allowing them to appear or be captured (visually or audibly, including in the background of any video or audio) during an Interaction, or otherwise.

3.4 Storage. Unless expressly agreed to by Nuance in writing elsewhere, Nuance has no obligation to store any of Your Content. Unless expressly agreed to by Nuance in writing elsewhere, including in our Privacy Policy, Nuance has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service. Certain features and functionality of the Service may enable you to specify the level at which the Service restricts access to Your Content. In such cases, you are solely responsible for applying the appropriate level of access to Your Content. If you do not choose a level of access, the system may default to its most permissive setting. You agree that Nuance retains the right to create reasonable limits on Nuance’s use and storage of Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Service and as otherwise determined by Nuance in its sole discretion.

3.5 Procedure for Making Claims of Intellectual Property Right Infringement. It is Nuance’s policy to terminate Account privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Nuance by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that the content of any material uploaded or posted onto the Service infringes your intellectual property rights, please provide Nuance’s designated intellectual property agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right, (b) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed, (c) a description of the location on the Service of the material that you claim is infringing, (d) your address, telephone number, and email address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement. Contact information for Nuance’s designated agent for notices of claims of infringement is as follows:

Copyright Agent
Nuance Labs, Inc.
PO Box 12249
Seattle, WA 98102
206-427-7332
legal@nuancelabs.ai

4. OWNERSHIP.

4.1 The Service. You agree that Nuance and its suppliers or licensors own all rights, title and interest in the Service and all underlying AI models, algorithms, and related technology, including all improvements, enhancements and updates made to any of the foregoing. For the avoidance of doubt, Nuance and its suppliers and licensors reserve and retain, and nothing in this Agreement transfers to you any right, title, or interest, including intellectual property or other rights, in or to the avatars or the underlying components of the avatars, including their images, voice, appearance, reactions, expressions, responses to stimuli, music, sound effects, likeness or other distinctive attributes. You shall not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or any Clips.

4.2 Trademarks. Nuance’s name and all related stylizations, graphics, logos, service marks and trade names used on or with the Service are the trademarks of Nuance and may not be used without permission in connection with your, or any third party’s, products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

4.3 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments, or any other area on the Service, you hereby expressly permit Nuance to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.

4.4 Your Content. Subject to Sections 3.2 (License to Your Content) and 4.1 (The Service), as between Nuance and you, you shall retain all of your right, title and interest in and to Your Content.

4.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Nuance regardless of how submitted (“Feedback”) is at your own risk and that Nuance has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Nuance a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and/or Nuance’s business.

5. USER CONDUCT AND CERTAIN RESTRICTIONS.

As a condition of use, you agree not to use the Service for any purpose that is prohibited by this Agreement, the Acceptable Use Policy, or by applicable law. You shall not (and shall not permit any third party to): (a) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service; (b) frame or utilize framing techniques to enclose any trademark or logo located on the Service or any other portion of the Service (including images, text, page layout or form); (c) use any metatags or other “hidden text” using Nuance’s name or trademarks; (d) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Service (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) remove or destroy any copyright notices or other proprietary markings contained on or in the Service; (g) impersonate any person or entity, including any employee or representative of Nuance; (h) interfere with or attempt to interfere with the proper functioning of the Service or use the Service in any way not expressly permitted by this Agreement, including but not limited to violating or attempting to violate any security features of the Service, introducing viruses, worms, or similar harmful code into the Service, or interfering or attempting to interfere with use of the Service by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service; (i) use a virtual private network (VPN), proxy server, or other means to misrepresent your location or otherwise circumvent or attempt to circumvent any geographic, residency, age, or other access restrictions or limitations applicable to the Service under this Agreement; or (j) post or make available a photograph of another person without that person’s permission. The rights granted to you in this Agreement are subject to your compliance with the restrictions set forth in this section. Any unauthorized use of the Service terminates the licenses granted by Nuance pursuant to this Agreement.

6. INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT.

Nuance may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content, at any time, including for indications of self-harm, suicidal ideation, or other safety-related concerns. You hereby provide your irrevocable consent to such real-time and stored monitoring as determined and exercised by Nuance and its designees in their sole discretion. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. Nuance’s ability to detect and respond to such indications is limited, and any response by Nuance (including any referral to crisis resources) is not, and should not be relied upon as, a substitute for professional care.

Without limiting the foregoing, Nuance reserves the right to: (a) remove any of Your Content from the Service or refuse to make publicly available at your request any of Your Content for any or no reason in our sole discretion; (b) take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for Nuance; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to and cooperation with law enforcement and/or other applicable legal authorities, for any illegal or unauthorized use of the Service or if Nuance otherwise believes that criminal activity has occurred; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. Upon determination of any possible violations by you of any provision of this Agreement, Nuance may, at its sole discretion, immediately terminate your license to use the Service, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

If Nuance believes that criminal activity has occurred, Nuance reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service, including Your Content, in Nuance’s possession, custody or control in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request, (ii) enforce this Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property, or personal safety of Nuance, its users or the public, and all enforcement or other government officials, as Nuance in its sole discretion believes to be necessary or appropriate.

7. THIRD-PARTY SERVICE.

7.1 Third-Party Websites, Applications and Ads. The Service may use AI Services, and/or contain links to third-party websites, applications and advertisements for third parties (collectively, the “Third-Party Services”). Such Third-Party Services are not under the control of Nuance. Nuance is not responsible for any Third-Party Services. When you use or access a Third-Party Service, you become subject to the terms and conditions (including privacy policies) of that Third-Party Service. Nuance does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Service, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(1) Sharing Your Content and Information Through Third-Party Services. Nuance may provide tools through the Service that enable you to export information, including Your Content, to Third-Party Services, including through features that allow you to link your Account with a Third-Party Account, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Nuance may transfer that information to the applicable Third-Party Service. Nuance is not responsible for any Third-Party Service’s use of your exported information.

8. FEES AND PURCHASE TERMS.

If you register for or purchase any paid products or Services from Nuance, then the terms of this Section 8 shall apply:

8.1 Payment. You shall pay any fees or charges (“Fees”) charged to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Nuance and/or our payment processor with your payment information, you agree that Nuance and/or our payment processor is authorized to immediately invoice your Account for all Fees due and payable to Nuance hereunder and that no additional notice or consent is required. You shall immediately notify Nuance of any change in your payment information to maintain its completeness and accuracy. Nuance reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Nuance and/or our payment processor or our inability to collect payment constitutes your material breach of this Agreement. Except as set forth in this Agreement, all Fees for the Service are non-refundable.

8.2 Fees and Taxes. If Nuance determines it has an obligation to collect Sales Tax from you in connection with this Agreement, Nuance will collect such Sales Tax in addition to the Fee(s). If any Nuance Service or product, or payments for any Nuance Service or product, under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Nuance, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant authority, and you will indemnify Nuance for any liability or expense Nuance may incur in connection with such Sales Taxes. Upon Nuance’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9. INDEMNIFICATION.

You shall indemnify and hold Nuance, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Nuance Party” and collectively, the “Nuance Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, the Service; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any user; or (e) your violation of any applicable laws, rules or regulations. Nuance reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nuance in asserting any available defenses. This provision does not require you to indemnify any of the Nuance Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Service provided hereunder. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to the Service.

10. DISCLAIMER OF WARRANTIES.

10.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE NUANCE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE OR YOUR CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW:

(1) THE NUANCE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICE OR ANY RESPONSES DURING AN INTERACTION WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (ii) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) ANY ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY RESPONSES WILL BE COMPLETE, TRUTHFUL, ACCURATE, OR RELIABLE. THE AVATAR IS NOT A HUMAN BEING, AND NUANCE DOES NOT WARRANT, ENDORSE, OR GUARANTEE THE APPROPRIATENESS OR FITNESS FOR PURPOSE OF ANY RESPONSE FOR ANY SPECIFIC USE.

(2) ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

(3) FROM TIME TO TIME, NUANCE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT NUANCE’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

10.2 No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE NUANCE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE NUANCE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, INCLUDING ANY THIRD-PARTY PROVIDERS OF AI SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. NUANCE MAKES NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NUANCE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICE.

10.3 Artificial Intelligence. LAWS AND REGULATIONS GOVERNING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE ARE RAPIDLY EVOLVING, AND NUANCE DOES NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL COMPLY WITH APPLICABLE LAWS AND REGULATIONS OR THAT FUTURE LAWS AND REGULATIONS WILL NOT IMPACT YOUR USE THEREOF. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICE COMPLIES WITH ALL APPLICABLE LAWS.

10.4 No Professional or Medical Advice. THE SERVICE, INCLUDING THE ARTIFICIAL INTELLIGENCE AVATAR, IS NOT A LICENSED MEDICAL, MENTAL HEALTH, BEHAVIORAL HEALTH, COUNSELING, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL SERVICE, AND IS NOT A SUBSTITUTE FOR CARE OR ADVICE FROM A QUALIFIED, LICENSED PROFESSIONAL. THE AVATAR IS NOT A HUMAN BEING AND DOES NOT HOLD ANY PROFESSIONAL LICENSE OR CERTIFICATION. NOTHING COMMUNICATED BY THE AVATAR OR OTHERWISE THROUGH THE SERVICE CONSTITUTES, OR SHOULD BE RELIED UPON AS, PROFESSIONAL ADVICE OR A DIAGNOSIS, TREATMENT, OR RECOMMENDATION OF ANY KIND. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, OR THOUGHTS OF SUICIDE OR SELF-HARM, DO NOT USE THE SERVICE; INSTEAD, CONTACT EMERGENCY SERVICES (911 IN THE UNITED STATES) OR THE 988 SUICIDE AND CRISIS LIFELINE (CALL OR TEXT 988), OR THE CRISIS RESOURCE APPLICABLE IN YOUR JURISDICTION.

10.5 No Confidentiality. NUANCE DOES NOT TREAT ANY INPUT, YOUR CONTENT, OR OTHER INFORMATION YOU PROVIDE TO OR THROUGH THE SERVICE AS CONFIDENTIAL, AND NUANCE SHALL HAVE NO OBLIGATION OF CONFIDENTIALITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ITS USE OF ANY OF THE FOREGOING IN ACCORDANCE WITH THIS AGREEMENT.

11. LIMITATION OF LIABILITY.

11.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE NUANCE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ANY NUANCE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SERVICE; (b) ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, YOUR CONTENT OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATED TO THE SERVICE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A NUANCE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A NUANCE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A NUANCE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NUANCE PARTIES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO NUANCE BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF A NUANCE PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A NUANCE PARTY’S NEGLIGENCE; OR (ii) ANY INJURY CAUSED BY A NUANCE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

11.3 Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NUANCE AND YOU.

12. TERM AND TERMINATION.

12.1 Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.

12.2 Termination of Service by Nuance. If you have materially breached any provision of this Agreement, or if Nuance is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), Nuance has the right to, immediately and without notice, suspend or terminate any Service provided to you. Nuance reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. You agree that all terminations for cause are made in Nuance’s sole discretion and that Nuance shall not be liable to you or any third party for any termination of your Account.

12.3 Termination by You. If you want to terminate this Agreement, you may do so by (a) notifying Nuance at any time by email to the email address listed in Section 15.14 (Contact Information) or (b) closing your Account for the Service. ANY SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY.

12.4 Effect of Termination. Upon termination of the Service or the applicable feature or functionality thereof, your right to use the Service or the applicable feature or functionality thereof will automatically terminate, and we may delete Your Content associated therewith from our live databases. If we terminate your Account for cause, we may also bar your further use or access to the Service. Nuance will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive will survive termination of Service, including without limitation ownership provisions, warranty disclaimers, and limitations of liability.

12.5 No Subsequent Registration. If this Agreement is terminated for cause by Nuance or if your Account or ability to access the Service is discontinued by Nuance due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

13. INTERNATIONAL USERS.

The Service may be accessed from certain countries around the world and may contain references to services and Content that are not available in your country. These references do not imply that Nuance intends to announce such service or Content in your country. The Service is controlled and offered by Nuance from its facilities in the United States of America. Nuance makes no representations that the Service is appropriate or available for use in all locations or jurisdictions. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.

14. ARBITRATION AGREEMENT.

14.1 Applicability of Arbitration Agreement. Subject to the terms of this Section 14 (“Arbitration Agreement”), you and Nuance agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of the Service, any communications you receive, anything sold or distributed through the Service, or these Terms of Use or prior versions of these Terms of Use (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and Nuance may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or Nuance may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that were not noticed at the time you first became subject to these Terms of Use but that arose or involve facts occurring before the existence of this or any prior versions of the Terms of Use as well as claims that may arise after the termination of these Terms of Use.

14.2 Informal Dispute Resolution. There might be instances when a Dispute arises between you and Nuance. If that occurs, Nuance is committed to working with you to reach a prompt, low‐cost and mutually beneficial resolution. You and Nuance agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court (“Informal Dispute Resolution”). You and Nuance agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party (“Notice”). Such Notice to Nuance should be sent by email to the address listed in Section 15.14 or regular mail to the address listed in Section 15.14. The Notice must include: (a) your name, telephone number, mailing address, and e‐mail address associated with your account (if you have one); (b) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (c) a description of the Dispute, including the specific relief sought. Nuance will send Notice, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute (i.e., either you personally or a Nuance representative).

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

14.3 Waiver of Jury Trial. YOU AND NUANCE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Nuance are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14.4 Waiver of Class and Other Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Nuance agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Washington. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Nuance from participating in a class-wide or mass settlement of claims.

14.5 Rules and Forum. The Terms of Use evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve the Dispute satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested, you and Nuance agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation (“NAM”) in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the “NAM Comprehensive Rules”) in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the “NAM Mass Filing Rules”; together with the NAM Comprehensive Rules, the “NAM Rules”), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Demand”). The Demand must include: (a) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to Nuance should be sent by email to the email address listed in Section 15.14 or regular mail to the address listed in Section 15.14. Nuance will provide the Demand to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (a) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery (“Counsel’s Certification”).

Unless you and Nuance otherwise agree, or the Batch Arbitration process discussed in Section 14.9 is triggered, the arbitration, including any in-person arbitration hearing, will be conducted in Seattle, Washington. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the “Fee Schedules”).

You and Nuance agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and Nuance agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.

14.6 Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Washington and will be selected by the parties from NAM’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section 14.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

14.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding Section 14.4 including any claim that all or part of Section 14.4 is unenforceable, illegal, void or voidable, or that Section 14.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.8 Attorneys’ Fees and Costs. Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party’s, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel’s Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

14.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Nuance agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Nuance by or with the assistance of the same law firm, group of law firms, or organizations, within a reasonably proximate period of time, for example, a ninety (90)-day period, NAM shall (a) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (“Batch Arbitration”). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, an Emergency Arbitrator, according to the NAM Rules, to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the “Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Nuance.

You and Nuance agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (a) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (b) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

14.10 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the address listed in Section 15.14, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Nuance account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third-party purporting to act on your behalf will have no effect on your or Nuance’s rights. If you opt out of this Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.

14.11 Invalidity, Expiration. Except as provided in Section 14.4, if any part or parts of this Arbitration Agreement (other than Section 14.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 14.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in the State of Washington. You further agree that any Dispute that you have with Nuance as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

14.12 Modification. You and we agree that Nuance retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted on the Service and you should check for updates regularly. Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Nuance makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Service, including the acceptance of products and services offered through the Service following the posting of changes to this Arbitration Agreement, constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms of Use with an arbitration agreement and you did not validly opt out of arbitration, then changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Nuance will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms of Use.

15. GENERAL PROVISIONS.

15.1 Electronic Communications. The communications between you and Nuance may take place via electronic means, whether you visit the Service or send Nuance emails, or whether Nuance posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Nuance in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nuance electronically provides to you satisfy any legal requirement that such communications would satisfy if they were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).

15.2 Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Nuance’s prior written consent. Nuance may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

15.3 Force Majeure. Nuance shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at the email address listed in Section 15.14. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

15.5 Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15.6 Agreement Updates. When changes are made, Nuance will make a new copy of these Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. Nuance may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.

15.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Nuance agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Washington.

15.8 Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WASHINGTON, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

15.9 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

15.10 Notice. Where Nuance requires that you provide an email address, you are responsible for providing Nuance with a valid and current email address. In the event that the email address you provide to Nuance is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Nuance’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Nuance at the address listed in Section 15.14 (Contact Information). Such notice shall be deemed given when received by Nuance by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at that address.

15.11 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.12 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

15.13 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

15.14 Contact Information.

Nuance Labs, Inc.
PO Box 12249
Seattle, WA 98102
legal@nuancelabs.ai

16. NOTICE TO EUROPEAN CONSUMER USERS

16.1 General.

(1) The additions and amendments made to this Agreement by this Section 16 (Notice to European Consumer Users) will only apply to you if you are an individual user ordinarily resident in the European Union or United Kingdom who is using the Services for personal use as a “consumer” and outside the course of your trade, business or profession only (a “European User”). They do not apply to any other person. That means that any time we use the term “you” in this Section 16 (Notice to European Consumer Users), we are referring to European Users and no one else.

(2) The terms and conditions of this Agreement will only apply to a European User if, and to the limited extent that, those terms and conditions are fair and enforceable against a person who is ordinarily resident in Europe using the Services as a consumer.

(3) Nothing in this Agreement affects your statutory rights. You may have legal rights under consumer laws in your country in relation to our Services, including where the Services are not as described, of satisfactory quality or otherwise not fit for purpose. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office in the United Kingdom, or equivalent in other European countries. If you believe that any of our Services do not conform with these legal rights or the terms of our Agreement, please contact us at legal@nuancelabs.ai. Other than those legal rights, your use of the Services and Responses is solely at your own risk and Sections 1.2 (Artificial Intelligence) and 10 (Disclaimer of Warranties) apply to you.

(4) In the event of any conflict or inconsistency between this Section 16 (Notice to European Consumer Users) and the rest of this Agreement, then the terms of this Section 16 (Notice to European Consumer Users) shall prevail in respect of European Users to the extent of such conflict or inconsistency.

16.2 Unamended provisions. If any provisions of this Agreement are not amended by this Section 16 (Notice to European Consumer Users), they will continue to apply to European Users just as they would apply to any other person.

16.3 Disapplied Sections. The following Sections of these Terms of Use do not apply to European Users and should be considered deleted:

(1) Section 9 (Indemnification);

(2) Section 14 (Arbitration Agreement); and

(3) Section 15.13 (Entire Agreement).

16.4 Revised Sections. The following Sections of these Terms of Use are revised as shown below for European Users:

(1) Section 8 (Fees and Purchase Terms) shall be amended as follows:

8.2 Fees and Taxes. Notwithstanding Section 8.2 (Fees and Taxes), all Fees presented to you will include value added tax and any other non-optional taxes, duties, fees and charges.

8.3 Cooling off period. You are entitled to cancel your purchase of and request a refund without stating the reason during the 14 days following the date of your purchase (the “Cooling Off Period”). The refund will cover the relevant Fee you have paid. To cancel and request a refund please contact us at legal@nuancelabs.ai, or alternatively you may complete the model withdrawal form in Annex 1 as described under Section 12.6 (Additional Termination right for European Users) below.

(2) The text of Section 11 (Limitation of Liability) is replaced with the following:

11.1 Any and all business and commercial loss etc excluded in full. If you use the Services for any commercial, business or for-profit purpose(s), or otherwise than as a consumer, to the fullest extent permitted by law, and without prejudice to any rights or remedies that may be available to us, we will have no liability to you whatsoever for any loss or damage arising as a result of, or in connection with, that use.

11.2 We are responsible to you only for foreseeable loss and damage we cause up to the specified cap on our liability. Subject to the specific cap on our liability to you, which is set out below, we are responsible to you for loss and damage you suffer, which is a foreseeable result of our breach of this Agreement and/or our failure to act with reasonable care and skill where required.

We are not liable or responsible for any loss or damage that is not a foreseeable result of our breach of this Agreement and/or our failure to act with reasonable care and skill. In relation to any such breach or failure, loss or damage will generally be "foreseeable" if:

• it is obvious that it would happen as a result of such breach or failure; or

• at the time these Terms are entered into, both you and we knew it might happen as a result of such breach or failure.

11.3 We are not liable for any loss or damage that is avoidable or that you cause. We will not be liable or responsible for any loss or damage that is:

• avoidable – meaning that that loss or damage is something that you could or should have avoided by taking reasonable actions designed to avoid, limit or reduce that loss or damage; and/or

• caused by you – meaning that it happened as a result of your breach of any terms of this Agreement and/or your failure to act with reasonable care and attention where required.

11.4 What we do not exclude. Nothing in this Section 11 (Limitation of Liability) or anywhere else in this Agreement shall limit or exclude our liability to you for:

• death or personal injury resulting from our negligence;

• our fraud or fraudulent misrepresentation;

• any other liability that cannot be excluded or limited by applicable laws and regulations.

11.5 Liability cap. Except for those matters where we say we will not limit our liability to you (see ‘What we do not exclude’ above), unless a greater liability is required by applicable law, in no event will our or our affiliates’ aggregate liability for all claims relating to the Services exceed the greater of: (i) the total amount paid to Nuance by you during the three month period prior to the act, omission or occurrence giving rise to such liability; (ii) $100; or (iii) if applicable, the statutory remedy or penalty imposed by statute under which such claim arises.

(3) Section 12 (Term and Termination) shall be amended as follows:

12.6 Additional Termination right for European Users. If you are a European Consumer, you can close your Account and withdraw from this Agreement within 14 days of accepting these Terms of Use by contacting us at legal@nuancelabs.ai or filling out and sending us the model withdrawal form attached in Annex 1 below.

(4) The text of Section 15.3 (Force Majeure) is replaced with the following:

15.3 (Force Majeure). If we cannot perform our obligations under this Agreement (including our obligation to provide you with any Services) as a result of circumstances outside our reasonable control:

• we will contact you as soon as reasonably possible to notify you;

• we will do what we reasonably can to find a solution to enable us to start performing our obligations again;

• our obligations under this Agreement will be paused for so long as those circumstances continue; and

• you may elect to terminate this Agreement at any time in accordance with Section 12.3.

(5) Section 15.6 (Agreement Updates) is replaced with the following:

15.6 (Updates).

(a) Service Updates. If we make an update to the Services that will have a major adverse impact on your access to or use of the Services, we will endeavor to provide you with information on the features and timing of the update in advance of that update, as well as any rights you may have under applicable laws and regulations to terminate this Agreement in advance of such update. We may sometimes add or remove features, increase or decrease usage limits, offer new Services, or stop offering old ones. We may modify, suspend, or discontinue the Services or your access to the Services. Where those actions will materially impact your use of the Services, we will endeavor to notify you in accordance with this Section. This includes taking such action as we consider appropriate to address any security, performance or safety issue. Where feasible, we will provide you with at least 30 days’ advance notice of any such changes to the Services that would materially limit or reduce the features, availability or functionality of the Services. However, there may be urgent situations (such as responding to legal requirements, or addressing security and operability issues) where providing advance notice is not feasible. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU MUST STOP USING THE SERVICE.

(b) Agreement Updates. We may revise and update this Agreement. For example, we may update these Terms of Use and/or Supplemental Terms (i) to reflect changes in our Services, like when we add or remove features or services, or update our pricing, (ii) for security or legal reasons, or (iii) to promote safety or prevent abuse. When changes are made, Nuance will make a new copy of these Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. Where you have an Account with us, we will notify you of changes to the Agreement which are reasonably likely to affect your use of the Services or legal rights. We will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will come into no less than 30 days from when we notify you, or for users without an Account, within 30 days of posting, unless the change is due to a change in law or for security reasons (in which case we may need to change the Agreement on shorter notice). Nuance may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU MUST STOP USING THE SERVICE.

(6) The text of Section 15.7 (Exclusive Venue) and Section 15.8 (Governing Law) is replaced with the following:

15.7 Where you can bring claims. If a claim or dispute arises out of, or relates to, this Agreement, both you and we agree that such individual claim or dispute shall be resolved in the competent court in the European country in which you are ordinarily resident.

15.8 What laws apply? This Agreement, its subject matter, and formation are governed by the law of the European country in which you are ordinarily resident.

Annex 1: Model Withdrawal Form for European Users

Please note that you are not required to use this form to cancel your Agreement with Nuance. You may also contact us at legal@nuancelabs.ai. However, should you wish to use this form, please complete the information below.

To: Nuance Labs, Inc.
PO Box 12249
Seattle, WA 98102
legal@nuancelabs.ai

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract governing my/our [*] contract of sale for the provision of the following services: Nuance Labs (app.nuancelabs.ai)

Ordered on [*]/received on [*]:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

[*] delete as appropriate