Acceptance
By accessing or using NISTA's website, products, platforms, or professional services (collectively, the "Services"), you agree to these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Services.
Services
NISTA provides AI-powered software products, enterprise platforms, secure cloud-native systems, and engineering services. Specific features, service levels, and commercial terms for enterprise or government engagements are set forth in a Master Services Agreement, Order Form, or Statement of Work that supplements these Terms.
Platform Availability
NISTA targets high availability for production Services. Where a formal Service Level Agreement applies, it will be set forth in the applicable Order Form. Scheduled maintenance and emergency changes are performed in accordance with our operational runbooks.
Account Responsibilities
- Maintain the accuracy of account and billing information.
- Protect credentials, enforce MFA where offered, and promptly rotate on suspected compromise.
- Configure roles and permissions consistent with least privilege.
- Ensure your authorized users comply with these Terms.
Acceptable Use
Use of the Services is subject to our Acceptable Use Policy. Violations may result in suspension or termination.
AI-generated Content
Certain Services generate outputs using AI models. As between you and NISTA, and subject to your compliance with these Terms and applicable law, you own the inputs you provide and the outputs generated for you. AI outputs may be inaccurate; you are responsible for reviewing outputs before relying on them for consequential decisions.
Intellectual Property
NISTA and its licensors own all right, title, and interest in the Services, including all software, documentation, trademarks, and improvements. Feedback you provide is licensed to NISTA on a non-exclusive, royalty-free basis to improve the Services.
Licensing
Subject to these Terms and your paid subscription, NISTA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during the subscription term.
Enterprise Services
Enterprise engagements may include dedicated tenancy, custom integrations, security reviews, DPA execution, and named support contacts. Terms are governed by the executed Master Services Agreement.
Government Services
For engagements with U.S. federal, state, local, tribal, or territorial governments, applicable acquisition regulations (including FAR / DFARS, as incorporated) and contract-specific clauses control over any conflicting provision of these Terms.
Subscription Plans
Subscription tiers, entitlements, and metered usage are described on the applicable product page or Order Form. NISTA may introduce, modify, or discontinue plans with reasonable notice.
Billing
Fees are invoiced in advance for the subscription term unless otherwise stated. Payment is due net thirty (30) days from invoice date for enterprise customers, and at time of purchase for self-service subscriptions. Taxes are your responsibility except for taxes on NISTA's net income.
Refunds
Fees are non-refundable except where required by law or expressly stated in an Order Form. Where NISTA terminates for its material breach, prepaid unused fees for the terminated period will be refunded on a pro-rata basis.
Termination
Either party may terminate for the other party's uncured material breach after thirty (30) days' written notice. NISTA may suspend Services for security threats, non-payment, or violations of the Acceptable Use Policy. On termination, your right to access the Services ends and NISTA will make customer data available for export for a defined period per the applicable agreement.
Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, or data. Each party's aggregate liability under these Terms will not exceed the fees paid or payable by you to NISTA in the twelve (12) months preceding the event giving rise to the claim.
Indemnification
NISTA will defend and indemnify you against third-party claims alleging that the Services, as provided and used in accordance with these Terms, infringe intellectual property rights, subject to standard exclusions. You will defend and indemnify NISTA against claims arising from your data, your users, or your violation of these Terms.
Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, epidemics, internet or cloud-provider outages, or utility failures.
Security
NISTA maintains a security program as described on our Security page.
Compliance
You are responsible for using the Services in compliance with laws applicable to you, including export control, sanctions, privacy, and sector-specific regulations. NISTA aligns its practices with recognized industry frameworks and continues investing toward future certifications.
Governing Law (Maryland)
These Terms are governed by the laws of the State of Maryland, USA, without regard to conflict-of-laws principles. Federal and state courts located in Maryland have exclusive jurisdiction, except where a government contract requires otherwise.
Dispute Resolution
The parties will attempt to resolve disputes in good faith through executive escalation. Unresolved disputes will proceed to the courts identified above, or to binding arbitration if agreed in writing.
Entire Agreement
These Terms, together with any executed Order Form, Master Services Agreement, Data Processing Addendum, and referenced policies, constitute the entire agreement between you and NISTA regarding the Services and supersede prior discussions on the subject.
