Terms of Use

Last updated: march 10, 2026

The following Terms of Use are entered into by and between you and Nebari, Inc. (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents that are expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of https://nebari.ai and all affiliated websites and subdomains (the “Site”).  These Terms are in addition to, and shall not have effect on, any separate written agreements between you and Company for access to and use of Company’s products and services.

Please read the Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or our Privacy Policy, you must not access or use the Site.

By using this Site, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. MODIFICATION OF TERMS

We reserve the right to change or modify these Terms at any time and in our sole discretion.  If we make material changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms.  By continuing to use the Site at any point after such update, you confirm your acceptance of the revised Terms, and all of the terms incorporated therein by reference.  You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site.  If you do not agree to the revised Terms, you may not access or use the Site.

2. PRIVACY POLICY

Please refer to our Privacy Policy for information about how we collect, use and share your Personal Information (as defined therein).  By submitting your Personal Information through the Site, you expressly consent to the collection, use, and disclosure of Personal Information in accordance with the Privacy Policy.

3. COMMUNICATIONS

By using our Site, you consent to receive electronic communications from us (e.g., via email, SMS, or by posting notices to the Site).  These communications may include notices of transactional information and are part of your existing relationship with us.  You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We have no obligation to store for your later use or access any such electronic communications that we make to you. You hereby explicitly agree that we may also send you promotional communications via email including, but not limited to, newsletters, special offers, surveys, customer service messages, and marketing messages, and other news and information we think will be of interest to you. You may opt out of receiving these communications at any time by following the unsubscribe or opt out instructions provided therein.

4. LIMITED LICENSE

You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Site and related content for your own personal use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially any portion of the Site, (ii) distribute, publicly perform, or publicly display any content from the Site, (iii) modify or otherwise make any derivative uses of the Site, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Site, except as expressly permitted by us, and (vi) use the Site other than for its intended purposes. This license is subject to your compliance with these Terms.

5. INTELLECTUAL PROPERTY RIGHTS

Except for Third Party Content (defined below), all information and materials contained on or within the Site, including, but not limited to, text, graphics, applications, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, typefaces, software (both source and object code), format, queries, algorithms, and any content that Company makes available to you through the Services (collectively, "Company Content"), as well as their selection and arrangement, and all intellectual property and other rights relating to Company Content, as between you and Company, are solely and exclusively owned by Company. You will not delete or alter any copyright, trademark or other proprietary rights notices from Company Content.

The Site may also allow access to data, information, or services disseminated by outside data sources (collectively, “Third Party Content”) and you acknowledge that Company and its suppliers and licensors disclaim responsibility for the use, content, accuracy, timeliness, completeness or availability of such third party data, information, or services and make no warranty concerning such information. Any and all Third Party Content’s rights, title and interest, including, without limitation, all intellectual property rights therein, are retained by its owner.

The Company’s and its affiliates’ names and logos are trademarks and service marks of Company (collectively, the “Company Trademarks”). Nothing in these Terms or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks, Company Content, or Third Party Content, without our prior written permission in each instance.  All goodwill generated from the use of Company Trademarks and Company Content will inure to the exclusive benefit of Company or the applicable rights holder.  

6. FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Site and Company Content (“Feedback”). We may ask for your Feedback in connection with your use of the Site and Company Content, and you can always submit Feedback by emailing us at contact@nebari.ai .

You grant us a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Site and Company Content, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Company will treat any Feedback you provide to us as non-confidential and non-proprietary.

7. EXTERNAL SITES

The Site may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our Site visitors. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage that may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, any External Sites.

8. SOCIAL MEDIA

When we make available links to certain social media channels through the Site, you may take such actions as are enabled by those links. Please be aware that activities on our social media channels, or facilitated by or through the applicable social media providers, are subject to the terms and conditions of those applicable social media provider(s). Any information or content provided to social media channels or providers may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Company.

9. PROHIBITED USES

You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking or any other illegitimate means.  You may not breach or cause to breach the security or authentication measures on the Site, or any other systems or networks connected to the Site, or otherwise attempt to interfere with the proper functioning of the Site.  You will not falsify your identity or impersonate another person, engage in conduct that limits the use and enjoyment of the Site, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

In addition, you agree not to and will not assist another to:

  1. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, in whole or in part, except as expressly permitted by us;
  2. upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
  3. link to, mirror, or frame any portion of the Site without our prior express written permission;
  4. scrape, index, survey, or data mine any portion of the Site or unduly burden or hinder the operation of the Site; or
  5. remove any notice of the proprietary rights of our licensors and us from any portion of the Site or printed version thereof.

10. TERMINATION AND SUSPENSION

  1. You Terminate. You may terminate these Terms at any time by discontinuing your access to and use of the Site. If you use the Site again, you will be deemed to have agreed to the Terms in connection with your ongoing use of the Site.
  2. We Terminate. You agree that we, in our sole discretion, and for any or no reason, may terminate these Terms without prior notice.  You agree that any suspension or termination of your access to the Site may be without prior notice, you will cease access to or use of the Site upon suspension or termination by us, and that we will not be liable to you or to any third party for any such suspension or termination.
  3. Other Remedies Available. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Uses), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
  4. Effect of Termination. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information posted or available on the Site, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.  For the avoidance of doubt, the provisions of sections 5, 6, 9 and 12-16 shall continue to apply notwithstanding any such termination.

11. INTERNATIONAL VISITORS

We operate the Site from the United States.  If you choose to access the Site from outside the United States of America, you are responsible for complying with applicable local laws.

12. DISCLAIMERS

Any reliance you place on the Site, Company Content, and/or Third Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials. COMPANY DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE SITE.

All statements and/or opinions expressed in the Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials, which do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THE SITE, AND COMPANY CONTENT AND THIRD PARTY CONTENT CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, COMPANY CONTENT OR THIRD PARTY CONTENT: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE OR ANY COMPANY CONTENT OR THIRD PARTY CONTENT CONTAINED THEREIN. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE, COMPANY CONTENT OR THIRD PARTY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND/OR YOUR ACCESS TO AND USE OF THE SITE OR CONTENT AVAILABLE THROUGH THE SITE EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, damages to property or personal injury, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to (a) your use or misuse of the Site; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; or (e) any breach or non-performance of any covenant or agreement made by you, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”),. You agree to promptly notify Company of any third-party Claims and cooperate with Company in defending such Claims. You further agree that Company shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND COMPANY.

15. ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California, United States of America, before one arbitrator. The language to be used in the arbitral proceedings will be English. If the dispute, claim or controversy exceeds $250,000, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the “Rules”), and if not, the arbitration shall be administered by JAMS pursuant to the Rules and in accordance with the Expedited Procedures or similar process set forth in the Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.

YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

YOU AND COMPANY EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER THEORY.

16. GENERAL

  1. Entire Agreement. These Terms, any applicable supplemental terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Site, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Site, whether oral or written.
  2. Force Majeure. You agree that Company is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
  3. Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of Company and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
  4. Interpretation.  The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
  5. Severability.  Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  6. No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
  7. Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Delaware and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.
  8. Venue.  Subject to the above, any legal action or proceeding arising under these Terms will be brought exclusively in the State of California, San Francisco County, and we and you irrevocably consent to the personal jurisdiction and venue there.
  9. Notices.  We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  10. Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.

17. CONTACT

If you have any questions about our Site or these Terms, please contact us at contact@nebari.ai.