Terms & conditions
Prague, Kurzova 2222/16, Czechia | contact@nomadz.one | https://www.nomadz.one/
Terms and Conditions
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1. Preface
2. Conditions of Use
3. Intellectual Property Rights
4. Third Party Websites
5. Social Login
6. Indemnification, Releases
7. Eligibility
8. Intended Use; Restriction on Use by Children
9. Disclaimer of Warranties
10. Limitation of Liability
11. Termination
12. User Disputes
13. Your Privacy
14. Nomadz AI Supplementary Terms
1. Preface Nomadz XR s.r.o. ("Nomadz" we," "us," "our") provides its services (described below) to you through its mobile applications and related services (collectively, such services, including any new features, applications, associated software, and the Website, the "Service(s)"), subject to the following Terms of Service (including all exhibits, attachments, and incorporated policies, as amended from time to time, collectively, the "Terms of Service"). At our sole discretion, we reserve the right to change or modify portions of these Terms of Service at any time. Services Description: The Service is designed to allow users to engage in community interactions via video, audio, text, and other GUI-driven methods. Your Registration Obligations: You may be required to register with Nomadz in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy and Data Policy. Without prior parental or guardian consent, you must be at least 18 years old to use the Service. By using the Service, you affirm that you are over 18. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your passcode and account, if any, and are fully responsible for any and all activities that occur under your passcode or account. You agree to immediately notify Nomadz of any unauthorized use of your passcode or account or any other breach of security. Nomadz will not be liable for any loss or damage arising from your failure to comply with this Section. Modifications to Service: Nomadz reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nomadz will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. General Practices Regarding Use and Storage: You acknowledge Nomadz may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Nomadz's servers on your behalf. You agree that Nomadz has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that Nomadz reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Service"). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Nomadz XR s.r.o. and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Nomadz XR s.r.o. account information to ensure that messages intended for you are not sent to unintended parties.
2. Conditions of Use User Conduct: You are solely responsible for all video, audio, code, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("Content") that you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Nomadz. Nomadz reserves the right to investigate and take appropriate legal action against anyone who, in Nomadz XR s.r.o., sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: 1. Engage in any conversation or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services and any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Nomadz XR s.r.o., is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Nomadz XR s.r.o.. or its users to any harm or liability of any type; 2. Record any portion of a conversation without the express consent of all parties involved, or use the Service in a manner that violates laws or regulations requiring the consent of subjects of audio and video recordings; 3. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or 4. Violate any applicable local, state, national or international law, or any regulations having the force of law; 5. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 6. Solicit personal information from anyone under the age of 18; 7. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; 8. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; 9. Promote or aid in the building of a competitive product or service, copy the Service’s features or user interface, or solicit users or customers from the Service; 10. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or 11. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service. Recordings: You are responsible for compliance will all recording laws. A user can choose to enable recordings, which records both audio and video. By using the Service, you are giving Nomadz consent to store any or all recordings, if such recordings are stored in our systems. Unless you connect to the Service by phone dial-in only, you will receive a notification (visual or otherwise) when recording is enabled. If you connect to the Service by phone dial-in only, you will receive a warning that your meeting may be recorded. If you do not consent to being recorded, you can choose to leave the meeting. Responsibility for End Users: You are responsible for the activities of all who access or use the Services through your account and you agree to ensure that any such end user will comply with the terms of these Terms of Service. Nomadz XR s.r.o. assumes no responsibility or liability for violations. If you become aware of any violation of these Terms of Service in connection with use of the Services by any person, please contact Nomadz at contact@nomadz.one. Nomadz may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or user profiles. Under no circumstances will Nomadz be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Nomadz XR s.r.o., information regarding your credit card or other payment instrument. You represent and warrant to Nomadz that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (e.g., a change in your billing address or credit card information) that may occur. If you purchase a subscription to the Services for a specified term, the Services will continue until the end of the current subscription term. You agree to pay Nomadz the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If you cancel, you will not receive a refund for any of the Services already paid for. If you dispute any charges, you must let Nomadz XR s.r.o. know within sixty (60) days after the date that Nomadz charges you. We reserve the right to change Nomadz's prices. If Nomadz does change prices on a subscription product or feature, Nomadz will provide notice of the change on the Website or in email to you, at Nomadz's option, at least 15 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You agree that in the event Nomadz is unable to collect the fees owed for the Services through your account, Nomadz may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Nomadz in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that Nomadz XR s.r.o. may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. Export Compliance: The Service is controlled and operated by Nomadz from the Czech Republic, and, unless expressly set forth herein, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the Czech Republic or European Union. It is your responsibility to ensure that you comply with all applicable laws and that you have all rights required to use the Service in the locations where you use them and how you use them. You acknowledge that any materials provided to you pursuant to these Terms of Service are subject to EU export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and you acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required. You further represent that the Services shall not be used for or in connection with nuclear, chemical or biological weapons, weapons of mass destruction, missiles, unmanned aerial vehicles, and/or to support terrorist activities, each in a way that would violate any applicable law, or in any other way that would violate U.S. export controls or economic sanctions laws or regulations. Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with Nomadz XR s.r.o. You may not offer or enable any third parties to use the Services, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by you) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
3. Intellectual Property Rights Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Nomadz XR s.r.o., you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Nomadz XR s.r.o. from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Nomadz, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Nomadz XR s.r.o. The Nomadz XR s.r.o. name and logos are trademarks and service marks of Nomadz. Other Nomadz product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Nomadz. Nothing in these Terms of Service or the Service should be construed as granting, by implication or otherwise, any license or right to use any of Nomadz. Trademarks displayed on the Service, without our prior written permission in each instance. Use of Name and Logo: By choosing to use Nomadz's services, Nomadz may use your company’s name and logo to identify your company as a customer of Nomadz. Nomadz's use of your company's name and logo does not create any ownership right therein and all rights not granted to Nomadz are reserved by you. You shall have the right to revoke permission of such use of the name and / or logo at any time through written request submitted to contact@nomadz.one. Third Party Material: Under no circumstances will Nomadz be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Nomadz does not pre-screen content, but that Nomadz and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Nomadz. and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Nomadz, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. User Content Transmitted Through the Service: You may display files, recordings, sound, music, graphics and images in connection with your use of the Services ("User Content"). You represent and warrant that you own or have the necessary permissions to use and authorize the use of your User Content. You further represent and warrant that your User Content does not and will not violate any third party rights or applicable law, rule, or regulation. You grant Nomadz XR s.r.o. and its subcontractors a non-exclusive, worldwide, royalty-free, paid-up, transferable right and license to host, cache, copy, store and display your User Content for the purpose of and in conjunction with your use of the Services. Nomadz does not claim any ownership rights to your User Content. You acknowledge and agree that Nomadz is not responsible in any manner for your User Content, that you are solely responsible to retain adequate back-ups of your User Content, that you assume all risk associated with your User Content and the transmission of your User Content, and that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to Nomadz XR s.r.o. are non-confidential and Nomadz will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that Nomadz may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Nomadz, its users and the public.
4. Third Party Websites The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Nomadz has no control over such sites and resources and Nomadz is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Nomadz will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Nomadz is not liable for any loss or claim that you may have against any such third party.
5. Social Login You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy and Data Policy. Nomadz XR s.r.o. shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
6. Indemnification, Releases You agree to release, indemnify and hold Nomadz and its affiliates and their officers, employees, directors and agents (collectively, "Indemnitees") harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. Injunctive Relief: You acknowledge that any use of the Services contrary to these Terms of Service, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Nomadz, and under such circumstances Nomadz XR s.r.o.will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
7. Eligibility You affirm that You are at least 13 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 13 or are otherwise ineligible.
8. Intended Use; Restriction on Use by Children The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. Nomadz XR s.r.o. is not intended for use by individuals under the age of 13.
9. Disclaimer of Warranties Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Nomadz expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nomadz makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
10. Limitation of Liability You expressly understand and agree that Nomadz will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Nomadz has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will Nomadz xr s.r.o.’s total liability to you for all damages, losses or causes of action exceed the amount you have paid Nomadz xr s.r.o. in the last six (6) months, or, if greater, one hundred and fifty dollars ($150). Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
11. Termination You agree that Nomadz in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Nomadz believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Nomadz may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Nomadz may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Nomadz will not be liable to you or any third party for any termination of your access to the Service. Unless otherwise prohibited by law, all provisions regarding indemnification and releases, disclaimers of warranties, limitation of liability, and dispute resolution by binding arbitration shall survive the termination for any reason of your access, account or these Terms of Service.
12. User Disputes You agree that you are solely responsible for your interactions with any other user in connection with the Service and Nomadz will have no liability or responsibility with respect thereto. Nomadz reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. General These Terms of Service constitute the entire agreement between you and Nomadz and govern your use of the Service, superseding any prior agreements between you and Nomadz. with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The failure of Nomadz to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
13. Your Privacy At Nomadz we respect the privacy of our users. For details please see our Nomadz Privacy Policy at our webside https://www.nomadz.one/, which are incorporated into these Terms of Service by this reference. By using the Service, you consent to our collection and use of personal data as outlined therein.
14. Nomadz AI Supplementary Terms These Nomadz AI Supplementary Terms (“Nomadz AI Terms”) form a part of the general Terms of Service as applicable, between you and Nomadz (the “Agreement”). These Nomadz terms apply to your access and use of any Nomadz AI feature(s). Any terms used herein have the same meaning as in the prefacing terms and conditions. For the purposes of these Nomadz AI Terms and where the general Terms of Service apply, any reference to Customer Data shall also mean User Content. “Nomadz AI” means any feature(s) or functionality made available by Nomadz that utilize(s) data models trained by machine learning. Subscription Term and Subscriptions. Nomadz Subscriptions include the features and functionality as outlined on our website and the Documentation for the applicable Subscription Plan. Unless otherwise indicated at the time of purchase or in an Order Form, the Subscription Term for a Nomadz AI product shall be coterminous with your primary Subscription to Nomadz, including any renewal Subscription Term. Your use of Nomadz AI is subject to fair usage restrictions. You acknowledge and agree that if you exceed the usage of applicable as permitted by your Subscription and Subscription Plan: (i) you may be required to upgrade your Subscription Plan or purchase additional usage to continue accessing and using Nomadz AI; and (ii) Nomadz may disable or degrade performance of such Nomadz AI features. Improving Nomadz AI and Sophia Bot. Unless requested by Customer, Nomadz does not use identifiable Customer Data to train the machine learning models used to provide the Nomadz AI feature set. Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of Nomadz AI to improve our models when you (i) voluntarily provide Feedback or (ii) give us your permission. Input and Output. You may provide input to be processed by Nomadz AI (“Input”), and receive output generated and returned by Nomadz AI based on the Input (“Output”). When you use Nomadz AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of Nomadz AI and Output will not (i) violate any applicable law; (ii) violate these Nomadz AI Terms, the Agreement or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Nomadz AI features, Output may not be unique and Nomadz AI may generate the same or similar output to Nomdadz or a third party. Nomadz AI Feature Use Restrictions. You may not use Nomadz AI or Output (i) to develop foundation models or other large scale models that compete with Nomadz or Nomadz AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters. WARRANTY DISCLAIMER. NOMADZ DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NOMADZ AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH NOMADZ AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY NOMADZ AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. NOMADZ AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOMADZ OR THROUGH NOMADZ AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Service Level Terms Are Not Applicable. Notwithstanding anything to the contrary in your Agreement or the Service Level Terms, downtime of Nomadz AI that results from a failure of a third party service will not be included in the Availability and Downtime calculations.