Welcome to nobsy pdf. These Terms of Service (“Terms”) govern your access to and use of the nobsy pdf application, website, and associated services (collectively, the “Service”), provided by Nobsy LLC, a California Limited Liability Company (“Company,” “we,” “us,” or “our”).

User Types: If you are accessing the Service on behalf of a company, organization, or other legal entity (“Business User”), you represent and warrant that you have the authority to bind that entity to these Terms. If you are accessing the Service for personal, non-commercial use, you are a “Consumer.” Where a provision of these Terms applies only to Business Users or only to Consumers, it is expressly noted. All other provisions apply to all Users.

By registering for an account or using the Service, you (“User,” “you,” or “your”) agree to be bound by these Terms, our Privacy Policy (available at https://pdf.nobsy.ai/privacy.html), and, if applicable, our Data Processing Addendum (“DPA,” available upon request by contacting legal@nobsy.ai; we will respond to DPA requests within ten (10) business days). These documents are incorporated herein by reference.

Consumer Rights Reservation: Nothing in these Terms is intended to limit or waive any non-waivable rights you may have under applicable consumer protection laws. To the extent any provision of these Terms conflicts with a mandatory consumer protection statute, that statute shall prevail for Consumers.

1. Description of Service

nobsy pdf provides an AI-powered Retrieval-Augmented Generation (RAG) pipeline that allows users to upload PDF documents and interact with them via a chat interface.

Definitions: "User Data" means the documents, files, and other content you upload to the Service, and the text queries and instructions you submit through the Service's chat interface. User Data does not include account registration information, usage analytics, system-generated metadata, or AI-generated outputs.

2. Eligibility and Age Restriction

You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under eighteen (18), you may not create an account or use the Service in any capacity.

Geographic Availability: The Service is hosted in the United States and is intended for users located in the United States and Canada. By using the Service, you represent that you are located in the United States or Canada. We do not currently offer the Service to individuals in the European Economic Area, United Kingdom, or Switzerland, and by using the Service you represent that you are not located in those jurisdictions.

3. Generative AI “As-Is” Disclaimer

The Service utilizes third-party large language models (LLMs) and generative artificial intelligence to process and generate responses. By using the Service, you acknowledge and agree that generative AI is a probabilistic technology and outputs may be inaccurate, misleading, or fabricated. You are solely responsible for evaluating and verifying all outputs before relying on them for any purpose.

“As-Is” Provision: The Service is provided strictly on an “AS-IS” and “AS-AVAILABLE” basis. We disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. We do not warrant any particular level of uptime, availability, or support response time. No service level agreement (“SLA”) applies unless separately agreed to in writing.

Regulatory and Compliance Disclaimer: The Service is not HIPAA-compliant. We do not offer or enter into Business Associate Agreements (BAAs). The Service does not hold SOC 2, ISO 27001, or any other security certification. The Service is not intended for and must not be used as a substitute for medical, legal, or financial advice; for emergency decision-making; or for any purpose that requires regulatory compliance (including HIPAA, PCI-DSS, GLBA, or similar frameworks).

Consumer Exemption: Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if you are a Consumer.

4. Acceptable Use Policy

4.1. Prohibition on Sensitive and Regulated Data

nobsy pdf is not designed to securely process highly sensitive or legally regulated data. You are expressly prohibited from uploading:

• Protected Health Information (PHI)
• Financial data subject to PCI-DSS
• Highly sensitive PII (e.g., unredacted Social Security Numbers)
• Regulated data (e.g., export-controlled data under ITAR or EAR)
• Third-party trade secrets or confidential information for which you do not have explicit authorization to upload

A violation of this subsection constitutes a material breach. We reserve the right to immediately terminate your account and will promptly delete, quarantine, or securely destroy any prohibited data upon discovery, without notice or liability to you. Residual copies may persist in encrypted backups (deleted on normal rotation cycles), security and audit logs (retained as required by law or policy), and in third-party subprocessor systems (deleted in accordance with their respective retention schedules). Destruction does not guarantee instantaneous eradication from all archival or transient media.

Sole Responsibility: You bear sole responsibility and liability for any legal, regulatory, or compliance consequences arising from your upload of prohibited data, including but not limited to fines, penalties, or third-party claims. This obligation survives termination of your account.

4.2. Prohibited Conduct

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

1. use the Service for any unlawful, fraudulent, or abusive purpose;
2. use automated means (including bots, scripts, or spiders) to systematically access, scrape, or extract data from the Service, except through interfaces expressly authorized by us in writing or in-product;
3. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, prompts, or architecture of the Service;
4. use the Service to develop, market, or operate a Competing Service (as defined below);
5. circumvent, disable, or interfere with any rate limits, security features, or access controls of the Service;
6. share, sublicense, or provide access to your account credentials to any third party, or allow multiple individuals to use a single account;
7. use the Service to generate, store, or transmit content that is defamatory, obscene, or that violates any applicable law;
8. systematically query the Service with the intent to reconstruct, replicate, or extract substantial portions of uploaded documents, or to bypass the Service’s access controls (normal use of summaries, citations, and exports through the Service’s intended features is permitted);
9. use the Service, its outputs, or data obtained through the Service to develop, train, fine-tune, evaluate, or benchmark any artificial intelligence or machine learning model, except as expressly authorized by us in writing.

Definition — “Competing Service”: A “Competing Service” means a publicly available product or service that (i) allows users to upload documents, (ii) provides AI-generated chat-based responses derived from those documents using retrieval-augmented generation or a substantially similar technique, and (iii) is offered to third parties as an alternative to nobsy pdf. The following are expressly excluded from this definition: internal tools built for your own organization that are not offered to third parties; academic or non-commercial research; and interoperability activities where required by applicable law.

Benchmarking (Business Users Only): If you are a Business User, you agree not to publicly disseminate benchmark results, performance comparisons, or competitive analyses of the Service without our prior written consent. This restriction does not limit internal evaluation of the Service for your own procurement or business purposes.

Consumer Scoping: The restrictions in subsections (3), (4), (9), and the Benchmarking clause above apply to the maximum extent permitted by applicable law. Certain restrictions may not be enforceable against Consumers in jurisdictions that protect the right to reverse engineer for interoperability or that prohibit anti-competitive contract terms.

5. User Representations and Warranties

By using the Service and uploading any content, you represent and warrant that:

1. you are the owner of, or have all necessary rights, licenses, and permissions to upload, the content you submit to the Service;
2. your content does not infringe upon, misappropriate, or violate any third party’s intellectual property rights, privacy rights, trade secret rights, or other legal rights;
3. you have obtained any required authorizations before uploading third-party confidential or proprietary materials;
4. your use of the Service complies with all applicable local, state, national, and international laws and regulations;
5. you will not use the Service for any fraudulent, abusive, or unlawful purpose.

Cooperation on Complaints: If we receive a third-party complaint alleging that your User Data infringes intellectual property or trade secret rights, you agree to cooperate with us in responding to the complaint, including providing information necessary to resolve the matter. We reserve the right to remove or disable access to the allegedly infringing content and to suspend your account pending resolution.

6. Intellectual Property and Data Rights

Your Ownership: You retain all right, title, and interest in and to the documents and data you upload (“User Data”).

Our Ownership: We retain all right, title, and interest in and to the Service, including the nobsy pdf software, architecture, RAG pipelines, algorithms, and all improvements thereto.

License to Process: By uploading User Data, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, create derivative works from, and otherwise process your User Data solely as necessary to provide the Service to you. This license includes creating document embeddings, vector representations, and AI-generated outputs (e.g., summaries, answers, and citations) in response to your queries.

AI-Generated Outputs: Outputs generated by the Service may contain excerpts, quotations, or paraphrased portions of your User Data, and may incorporate content generated by third-party AI models subject to those providers’ terms. To the extent the Company holds any intellectual property rights in AI-generated outputs, the Company hereby assigns all such rights, title, and interest to you. You may use outputs for any lawful personal, internal, or business purpose. However, all rights in outputs are expressly subject to and limited by the terms, conditions, and acceptable use policies of third-party AI providers used to generate such outputs. You acknowledge that: (i) outputs may not be subject to copyright protection under applicable law; (ii) outputs may be similar or identical to outputs generated for other users from different source materials; and (iii) the Company makes no representation or warranty regarding the protectability, accuracy, or originality of outputs.

Retention for Service Function: We may retain outputs, embeddings, and document chunks as technically necessary to provide the Service (e.g., chat history, retrieval indexes, troubleshooting). Such retained data is subject to the deletion provisions in Section 17 and will not be used for any purpose other than providing the Service to you.

7. Feedback

If you provide the Company with any suggestions, ideas, feature requests, bug reports, enhancement proposals, prompt templates, or other feedback regarding the Service (“Feedback”), you hereby grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit the Feedback for any purpose, without attribution, compensation, or obligation to you. You acknowledge that Feedback is not confidential and that the Company may already be developing or may independently develop similar ideas.

8. Confidentiality and Data Safeguards

Treatment of User Data: We will use User Data solely to provide the Service to you and will not disclose User Data to third parties except: (i) to subprocessors as described in Section 9; (ii) as required by applicable law, regulation, or legal process (e.g., subpoena or court order); (iii) with your written consent or at your direction; or (iv) in aggregated, anonymized form that does not identify you or any individual. Except as expressly agreed in a signed writing (such as a DPA), User Data is not treated as confidential information under any common-law or contractual theory of confidentiality.

Security Safeguards: We maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect User Data against unauthorized access, loss, alteration, or destruction, as described in our Privacy Policy and, for Business Users, in the DPA. We do not warrant that our safeguards will prevent every unauthorized access or security incident.

Your Confidentiality Obligations: You agree not to disclose or share any non-public information about the Service’s infrastructure, security configurations, internal APIs, or pricing terms that we share with you in confidence, except as required by law.

9. AI Training Opt-Out and Third-Party Subprocessors

No Base Model Training: We do not use your User Data or chat interactions to train, fine-tune, or improve any foundational AI models. We contractually require our third-party AI providers to refrain from such use; however, we are not liable for independent policy changes by such providers that occur despite these contractual requirements.

Third-Party Processing: To provide the Service, we transmit and process your User Data using third-party infrastructure, AI API providers, and security services (e.g., AWS, OpenAI, Cohere, Cloudflare). You consent to this transmission.

Commercially Reasonable Safeguards: We use commercially reasonable efforts to: (i) contractually require our primary AI API providers to refrain from using data submitted via their APIs to train their base models; (ii) exercise reasonable diligence in vendor selection; and (iii) maintain reasonable security configurations in our integration with such providers. We are not liable for the independent actions, unilateral policy changes, or breaches by third-party subprocessors that occur despite our maintenance of these safeguards, except to the extent such liability arises from the Company’s own failure to maintain the safeguards described in this section, breach of these Terms, or negligent configuration or integration.

Subprocessor Changes: We will use commercially reasonable efforts to notify users of material changes to our primary AI API subprocessors (e.g., adding a new LLM provider). Business Users who object to a subprocessor change may terminate their subscription by providing written notice within thirty (30) calendar days of the change notification. If a Business User terminates under this provision, the Company will issue a pro-rata refund of any prepaid subscription fees for the unused portion of the then-current billing period.

10. Third-Party Services

The Service relies on and integrates with third-party services, including cloud infrastructure providers (e.g., AWS), AI model providers (e.g., OpenAI, Cohere), payment processors (e.g., Stripe), and security services (e.g., Cloudflare). Your use of the Service may be subject to the terms and conditions of these third-party providers.

We do not control and are not responsible for the availability, performance, security practices, or content of third-party services. We disclaim all warranties regarding third-party services and shall not be liable for any loss or damage arising from your reliance on, or the unavailability or failure of, any third-party service, except to the extent caused by the Company’s negligence or breach of these Terms. If a third-party service requires you to maintain a separate account or agree to separate terms, it is your responsibility to do so.

11. Fees, Subscriptions, and Cancellations

Fees: All fees are stated and billed in U.S. Dollars.

Taxes: All fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and other taxes and government charges arising from your purchase, except for taxes based on the Company’s net income. We may charge applicable taxes as required by law. If you are exempt from a tax, you must provide us with a valid tax exemption certificate or other acceptable documentation; until received, we may charge the tax.

11.1. Automatic Renewal Disclosures (California ARL Compliance)

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Before you complete your initial subscription purchase, we will clearly and conspicuously disclose the automatic renewal terms, including the renewal price, billing interval, and cancellation instructions. By subscribing, you provide your affirmative consent to these automatic renewal terms.

After purchase, we will send you a confirmation (retainable via email or account dashboard) that includes the automatic renewal terms, the cancellation mechanism, and a link to cancel. For annual subscriptions, we will send a renewal reminder notice at least thirty (30) calendar days before the renewal date. If we offer free trials or introductory pricing, we will send a notice before the trial ends or the introductory price expires, identifying the price that will be charged and how to cancel.

11.2. Price Changes

If we increase subscription prices, we will notify you by email at least thirty (30) calendar days before the new price takes effect. Price increases will apply beginning with the next billing cycle following the expiration of the notice period; they will not apply to any already-paid billing period. If required by applicable law, we will obtain your affirmative consent before applying the increased price. If you do not agree to a price increase, you may cancel before it takes effect; your subscription will continue at the existing price through the end of your current billing period.

11.3. Cancellation

You may cancel your subscription at any time through a reasonably accessible online mechanism in your account settings, or by emailing us at support@nobsy.ai. We will maintain an online cancellation option that is at least as easy to use as the method through which you originally subscribed. Cancellations take effect at the end of the then-current billing cycle. You will retain access to paid features until the end of your paid period.

11.4. Refund Policy

No Refunds: Except as expressly provided in Section 9 (Subprocessor Changes), payments are non-refundable. There are no prorated refunds for partially used billing periods.

Consumer Statutory Rights: If you are a Consumer residing in a jurisdiction that provides a mandatory statutory cooling-off period with a right to refund, that statutory right shall prevail over this no-refund policy to the extent required by applicable law.

11.5. Chargebacks

If you believe a charge is incorrect, you agree to contact us at support@nobsy.ai before initiating a chargeback or payment reversal, and to allow us a reasonable opportunity to investigate and resolve the dispute. We may suspend your account during the investigation. We reserve the right to terminate accounts of users who initiate repeated or bad-faith chargebacks.

12. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to: (i) use a strong, unique password; (ii) not share your credentials with any third party; (iii) promptly notify us at support@nobsy.ai if you become aware of any unauthorized access or security breach affecting your account.

We reserve the right to: (i) suspend your account immediately if we have reasonable grounds to believe it has been compromised, is being used fraudulently, or poses a security risk; (ii) require multi-factor authentication (MFA) at our discretion; (iii) terminate sessions, rotate tokens, or impose session limits for security purposes; and (iv) monitor usage patterns for abuse detection and enforcement of these Terms. We are not liable for any loss or damage arising from unauthorized use of your account where you have failed to safeguard your credentials.

13. DMCA and Copyright Takedown Procedure

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that content hosted on our Service infringes your copyright, you may submit a takedown notice to our designated DMCA agent:

DMCA Agent: Nobsy LLC Legal Department

Email: legal@nobsy.ai

Telephone: (650) 661-4298

Mailing Address: 2108 N ST STE N, Sacramento, CA 95816

Takedown Notice Requirements: Your notice must include: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the material claimed to be infringing and its location on the Service; (iii) your contact information (name, address, telephone, email); (iv) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (vi) your physical or electronic signature.

Counter-Notification: If your content is removed pursuant to a takedown notice and you believe the removal was in error, you may submit a counter-notification to our DMCA Agent. Your counter-notification must include: (i) identification of the material that was removed and its former location on the Service; (ii) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; (iii) your name, address, and telephone number; (iv) a statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the United States District Court for the Southern District of California) and that you will accept service of process from the person who submitted the takedown notice; and (v) your physical or electronic signature.

Misrepresentation Warning: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be subject to liability for damages, including costs and attorneys’ fees.

Repeat Infringers: We maintain and enforce a policy of terminating the accounts of users who are repeat infringers in appropriate circumstances. We will consider the number and nature of properly substantiated takedown notices, the severity and pattern of alleged infringement, and any counter-notifications filed. We reserve discretion in determining whether termination is appropriate in each case.

14. Service Availability, Changes, and Force Majeure

We do not guarantee that the Service will be uninterrupted, error-free, or available at any particular time. Support is provided on a commercially reasonable, best-efforts basis. No SLA, uptime commitment, or guaranteed support response time applies unless separately agreed to in a signed written agreement.

Service Changes: We reserve the right to modify, update, limit, or discontinue any features, functionality, or aspects of the Service at any time. For paid subscribers, we will use commercially reasonable efforts to provide advance notice before materially reducing paid features or discontinuing the Service, except where immediate changes are required for security, legal compliance, or technical integrity. Free-tier features may be modified, limited, or discontinued at any time without prior notice.

Force Majeure: We are not liable for outages, API rate limits, degraded performance from third-party providers, or events beyond our reasonable control, including but not limited to acts of God, government action, pandemics, natural disasters, cyberattacks, or failures of third-party infrastructure (collectively, “Force Majeure Events”).

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

Monetary Liability Cap: Except for claims arising from the Company’s gross negligence, willful misconduct, or fraud, the Company’s total aggregate monetary liability for all claims arising out of or related to these Terms or the Service, whether in contract, tort, statute, or otherwise, shall not exceed the greater of: (i) the total amounts you paid to the Company in the twelve (12) months immediately preceding the event giving rise to the claim; or (ii) One Hundred U.S. Dollars ($100.00). This cap applies to monetary damages only and does not limit the availability of injunctive or declaratory relief where otherwise authorized by law or these Terms.

Non-Waivable Remedies: This section does not limit any remedy that cannot lawfully be limited or waived, including public injunctive relief, restitution, or statutory damages to the extent non-waivable under applicable law.

Consumer Exemption: Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so this limitation may not apply to you if you are a Consumer. Where applicable consumer protection law limits the enforceability of this cap, the Company’s liability shall be limited to the maximum extent permitted by such law.

16. Indemnification

16.1. Business User Indemnification

If you are a Business User, you agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, and agents (collectively, “Company Indemnitees”) from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service; (ii) your violation of these Terms; (iii) any User Data you upload, including but not limited to claims of copyright infringement, trade secret misappropriation, data privacy violations, or the upload of prohibited data under Section 4; or (iv) your violation of any applicable law or regulation.

16.2. Indemnification Procedure

The following procedures apply to all indemnification obligations under this Section 16:

1. The Company Indemnitee seeking indemnification shall provide the indemnifying party with prompt written notice of the claim. Failure to provide prompt notice shall not relieve the indemnifying party of its obligations except to the extent the indemnifying party is materially prejudiced by such failure.
2. The indemnifying party shall defend the claim using counsel reasonably acceptable to the Company. The Company reserves the right to participate in the defense at its own expense, and to assume sole control of the defense and settlement of any claim if the indemnifying party fails to diligently pursue the defense.
3. The indemnifying party may not settle any claim in a manner that imposes obligations on, admits fault or liability on behalf of, or requires any payment by, a Company Indemnitee without the Company’s prior written consent.
4. The Company Indemnitees shall cooperate with the indemnifying party’s reasonable requests for assistance in the defense of the claim.

16.3. Exclusion for Company Misconduct

Notwithstanding the foregoing, you shall have no obligation to indemnify Company Indemnitees to the extent a claim arises directly from the Company’s material breach of these Terms, willful misconduct, or gross negligence.

16.4. Consumer Indemnification

Consumers: If you are a Consumer, you agree to indemnify the Company solely with respect to claims arising from your upload of prohibited data under Section 4.1 or your material violation of these Terms, to the extent permitted by applicable law. The procedural requirements in Section 16.2 apply.

17. Account Termination, Suspension, and Data Retrieval

Termination for Cause: We may immediately suspend or terminate your account if you violate these Terms, including but not limited to uploading prohibited data under Section 4, engaging in prohibited conduct under Section 4.2, engaging in fraudulent activity, or infringing third-party intellectual property rights.

Termination Without Cause: We may terminate your account for any other reason upon thirty (30) calendar days’ written notice to the email address associated with your account.

Inactive and Free-Tier Accounts: We may terminate free-tier accounts that have been inactive for an extended period, upon reasonable notice to the email address associated with the account. The data retrieval provisions below apply to such terminations.

Data Retrieval: You may export your data at any time before initiating account deletion via the Service's export functionality. Original uploaded files may be downloaded in their original format. Structured data exports (metadata, conversation history) will be provided in commonly used, machine-readable formats (e.g., JSON or CSV). Export includes document metadata, conversation history, and usage data. Original uploaded files may be downloaded individually from the document library prior to account deletion. It does not include internal system metadata, telemetry, security logs, embeddings, vector representations, or other non-user-facing technical artifacts. Upon termination by us (except for terminations under Section 4.1), we will use commercially reasonable efforts to provide reasonable notice during which export functionality remains available, subject to technical limitations.

Data Retention After Deletion: Notwithstanding the foregoing, residual copies of User Data may persist in: (i) encrypted backups, which will be overwritten on our normal rotation cycle; (ii) security, audit, and transaction logs retained as required by law or internal policy; (iii) third-party subprocessor systems, subject to their respective retention and deletion schedules; and (iv) any legal hold or preservation obligation. We are not required to purge data from archival or transient media on an accelerated basis.

Prohibited Data Termination: For terminations under Section 4.1, we will take reasonable steps to remove prohibited data from our active production systems, subject to the retention carve-outs described above.

18. Enforcement and Legal Requests

We reserve the right, but are not obligated, to: (i) review, monitor, or investigate content and conduct on the Service for compliance with these Terms; (ii) remove or disable access to any content that violates these Terms or that we reasonably believe is harmful, fraudulent, or illegal; (iii) suspend or terminate accounts as described in these Terms; (iv) report illegal activity to law enforcement authorities; (v) comply with lawful subpoenas, court orders, warrants, or other legal process, including by disclosing User Data or account information as required; and (vi) preserve content, account information, and usage data for purposes of responding to legal requests, enforcing these Terms, or protecting the safety, rights, or property of the Company, its users, or the public.

We will use reasonable efforts to notify you of legal requests affecting your account or User Data, unless prohibited by law, court order, or where notice would jeopardize an investigation.

19. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, available at https://pdf.nobsy.ai/privacy.html. Our Privacy Policy describes our practices regarding the collection, use, storage, and sharing of personal information and User Data, and sets forth the rights available to California residents under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA).

By using the Service, you acknowledge that you have read and understood our Privacy Policy. If there is any conflict between these Terms and the Privacy Policy regarding the handling of personal information, the Privacy Policy shall control.

Data Processing Addendum: Business Users whose use of the Service involves the processing of personal data on behalf of third parties (e.g., their own customers or employees) must execute our Data Processing Addendum (“DPA”) prior to uploading such data. You may request the DPA by contacting legal@nobsy.ai. Uploading personal data subject to applicable privacy laws without an executed DPA is a material breach of these Terms. The DPA sets forth the parties’ respective roles and obligations regarding data processing, security measures, subprocessor management, breach notification, cross-border transfers, and data subject rights. A DPA, once countersigned by both parties, is incorporated into these Terms and takes effect as of the date of countersignature.

20. Export Compliance and Sanctions

You represent and warrant that: (i) you are not located in, a national or resident of, or ordinarily resident in any country or territory subject to comprehensive U.S. economic sanctions as administered by the Office of Foreign Assets Control (OFAC), as updated from time to time; (ii) you are not identified on, or owned or controlled by anyone identified on, the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons (SDN) List, the U.S. Commerce Department’s Entity List, or any other applicable restricted party list; and (iii) you will not use, export, or re-export the Service or its outputs in violation of any applicable export control or sanctions laws. You further covenant that, for so long as you use the Service, you will promptly notify the Company if any of the foregoing representations ceases to be true, and you will immediately cease using the Service.

21. Communications and Electronic Consent

By creating an account, you consent to receive transactional communications from us related to your account and use of the Service, including billing confirmations, renewal reminders, security alerts, and service announcements. These transactional communications are necessary for the operation of the Service and cannot be opted out of while you maintain an active account.

We may also send you optional marketing or promotional communications. You may opt out of marketing communications at any time by clicking the “unsubscribe” link in any marketing email or by contacting us at support@nobsy.ai. Opting out of marketing communications will not affect your receipt of transactional messages.

Electronic Records and Notices: You consent to the use of electronic records and electronic delivery of notices, disclosures, and communications from us. Communications sent to the email address associated with your account shall be deemed received when sent, provided the email is not returned as undeliverable. It is your responsibility to maintain a current, valid email address on your account and to check for communications regularly.

22. Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

22.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.

22.2. Binding Arbitration

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (if you are a Consumer) or its Commercial Arbitration Rules (if you are a Business User). This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. The arbitration shall take place in San Diego County, California, or at the election of the Consumer, in the county of the Consumer’s primary residence.

Canadian Users: This Arbitration Agreement applies to you to the maximum extent permitted by applicable Canadian federal and provincial law. To the extent any mandatory consumer protection statute in your province of residence prohibits binding pre-dispute arbitration, you may bring claims in a court of competent jurisdiction in your province of residence or in California, at your election.

22.3. Arbitration Fees and Costs

For Consumer arbitrations, the Company shall pay all AAA filing fees, arbitrator compensation, and administrative costs beyond the initial filing fee that the Consumer would have paid to file a claim in court. Each party shall bear its own attorneys’ fees unless the arbitrator determines that a party’s claim or defense was frivolous, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party. For Business User arbitrations, each party shall bear its own costs and fees in accordance with the AAA Commercial Arbitration Rules.

22.4. Arbitration Procedural Safeguards

The arbitrator shall be a neutral, retired judge or experienced attorney. Each party shall have the right to adequate discovery as determined by the arbitrator. The arbitrator shall issue a written, reasoned decision. The arbitrator shall have the authority to award any remedy that would be available in a court of competent jurisdiction, including injunctive relief and statutory damages.

22.5. 30-Day Consumer Opt-Out Right

If you are a Consumer, you have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to legal@nobsy.ai within thirty (30) calendar days after first becoming subject to this Arbitration Agreement. Your opt-out notice must include your full name, account email address, and a clear statement that you wish to opt out. If you opt out, you may bring claims in a court of competent jurisdiction, subject to the Governing Law provision above.

22.6. Mass Arbitration Protocol

If twenty-five (25) or more similar demands for arbitration are filed by or with the assistance of the same law firm or coordinated group, the parties agree to request that the AAA administer such demands under a batching protocol, grouping demands into batches of no more than twenty-five (25) to be resolved by a single arbitrator per batch. Batching is administrative only; each claimant’s individual merits remain non-consolidated, and the non-consolidation provision in Section 22.7 applies to the merits of each individual claim within a batch. This batching protocol applies only to the extent consistent with the AAA’s applicable rules and policies. If the AAA declines to apply this protocol, the parties will cooperate in good faith to agree on an alternative batching procedure or select an alternative dispute resolution administrator that will administer such a protocol. This protocol does not prevent any individual from filing a demand; it governs only the administrative sequencing of coordinated mass filings.

22.7. Class Action and Representative Action Waiver

YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

THIS WAIVER DOES NOT APPLY TO ANY CLAIMS OR RELIEF THAT CANNOT BE WAIVED AS A MATTER OF APPLICABLE LAW, INCLUDING CLAIMS FOR PUBLIC INJUNCTIVE RELIEF UNDER CALIFORNIA LAW (PER MCGILL V. CITIBANK) AND CLAIMS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) THAT CANNOT BE WAIVED. ANY SUCH NON-WAIVABLE CLAIMS SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION; ALL REMAINING CLAIMS SHALL CONTINUE IN INDIVIDUAL ARBITRATION.

22.8. Small Claims Court Exception

Notwithstanding the foregoing, either party may assert claims in small claims court, provided the claims fall within the court’s jurisdictional limits and remain on an individual (non-class) basis. Business Users must file in San Diego County, California. Consumers may file in San Diego County or in the small claims court in the county of their primary residence.

23. Modification of Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by (i) posting the updated Terms on our website with a revised “Effective Date,” and (ii) sending an email notification to the address associated with your account with reasonable advance notice before the changes take effect.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account before the effective date.

Consumer Protection: Material changes to the Arbitration Agreement or Class Action Waiver will not apply retroactively to disputes that arose before the effective date of the change.

24. General Provisions

Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy and, if applicable, the DPA, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, understandings, or communications.

No Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Notices: All notices to the Company shall be sent to legal@nobsy.ai. Notices to you will be sent to the email address associated with your account.

Survival: The following provisions shall survive any termination or expiration of these Terms: Sections 3 (AI Disclaimer), 4 (Acceptable Use — with respect to liability, indemnification, and restrictions on post-termination misuse of the Service or data obtained through the Service), 5 (User Representations and Warranties), 6 (IP and Data Rights), 7 (Feedback), 8 (Confidentiality), 9 (AI Training Opt-Out and Third-Party Subprocessors), 11.4 (Refund Policy), 15 (Limitation of Liability), 16 (Indemnification), 17 (Account Termination — with respect to data retention and retrieval), 18 (Enforcement and Legal Requests), 19 (Privacy), 20 (Export Compliance), 22 (Dispute Resolution), and 24 (General Provisions).

25. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

End of Terms of Service — Nobsy LLC