Nomyo Service Terms

Effective 21 February 2025

These Service Terms govern your use of the Services. Capitalized terms not defined here will have the meanings in the Terms of Use⁠, Business Terms⁠, or other agreement you have with us governing your use of the Services (“Agreement”). If there is a conflict between the Service Terms and your Agreement, the Service Terms will control. For purposes of these Terms, “Content” includes “Customer Content.”

API

Nomyo’s indemnification obligations to API customers under the Agreement include any

third party claim that Customer’s use or distribution of Output infringes a third party’s

intellectual property right. This indemnity does not apply where: (i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to

infringe, (ii) Customer or Customer’s End Users disabled, ignored, or did not use any

relevant citation, filtering or safety features or restrictions provided by Nomyo, (iii) Output was modified, transformed, or used in combination with products or services not

provided by or on behalf of Nomyo, (iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output, (v) the

claim alleges violation of trademark or related rights based on Customer’s or its End

Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

Beta Services

This section governs your use of services or features that Nomyo offers on an alpha,

preview, early access, or beta basis (“Beta Services”). Beta Services are offered “as-is” to allow testing and evaluation and are excluded from any indemnification obligations

Nomyo may have to you. Nomyo makes no representations or warranties for Beta Services, including any warranty that Beta Services will be generally available, uninterrupted or error-free, or that Content will be secure or not lost or damaged. Except to the extent prohibited by law, Nomyo expressly disclaims all warranties for Beta Services, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

Nomyo Paid Services

Output indemnity. Nomyo’s indemnification obligations to Nomyo customers under the Agreement include claims that Customer’s use or distribution of Output infringes a third party’s intellectual property right. This indemnity does not apply where:

(i) Customer or Customer’s End Users knew or should have known the Output was infringing or likely to infringe,

(ii) Customer or Customer’s End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by Nomyo,

(iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of Nomyo,

(iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output,

(v) the claim alleges violation of trademark or related rights based on Customer’s or its End Users’ use of Output in trade or commerce, and (vi) the allegedly infringing Output is from content from a Third Party Offering.

Code Generation

Output generated by code generation features of our Services may be subject to third party licenses, including, without limitation, open source licenses.

Tools

Users can create and share access to their own customized versions of Nomyo called “Tools”

For Builders of Tools

Tool Content. The information or content that you upload to or include with your Tool (for example your Tool name, instructions, and description) (“Tool Content”) is your Content. As between you and Nomyo, you are solely responsible for your Tool Content, Actions, and configurations that you use or enable to create your Tool as well as any Output that is based on your Tool Content, Actions, and configurations. You must ensure that your Tool complies with the Agreement and our Usage Policies⁠.

Distribution and Promotion of Tools. By sharing your Tool with others, you grant a nonexclusive, worldwide, irrevocable, royalty-free license: (i) to Nomyo to use, test, store, copy, translate, display, modify, distribute, promote, and otherwise make available to other users all or any part of your Tool (including Tool Content); and (ii) to the extent Output from your Tool includes your Tool Content, to users of your Tool to use, store, copy, display, distribute, prepare derivative works of and otherwise use your Tool Content. You will ensure that all information that you publish about your Tool is, at all times, complete, accurate, and not misleading.

Actions. Any API, website, or service that interacts with a Tool (an “Action”) is subject to our Plugins and Actions Terms⁠ and you are responsible for ensuring that any Action included with your Tool operates in compliance with those terms.

Removal. We may reject or remove any Tool from our Services at any time for any reason without notice to you, such as for legal or security reasons or if your Tool violates our Terms.

For Users of Tools:

Third Party Tools. Except where Nomyo is identified as the builder of a Tool, Tools are created by other users and they may rely on content or third party applications that are not controlled by Nomyo. Use of “Tool” in the name of a Tool created by other users does not imply that Nomyo created, supports or endorses the Tool. Only use Tools that you know and trust.

Abuse Reporting. You can report Tools that violate our Usage Policies⁠ using our reporting feature within Nomyo.

Actions. Tools may allow you to interact with Actions. Those Actions are subject to our terms for Plugins and Actions below.

Changes and Removal. Nomyo and creators of Tools can remove Tools at any time for any reason without prior notice.

Image and Video Capabilities

Our models can accept images and videos as part of Inputs to the Service (“Visual Capabilities”). You may not use Visual Capabilities to assist in identifying a person nor to solicit or infer private or sensitive information about a person. You may not use Visual Capabilities to reproduce the likeness of any person without express consent and all necessary rights, nor to reproduce the likeness of anyone under 18.

Plugins and Actions

Overview. Plugins and Actions (together “Plugins”) are features in Nomyo that allow you to send instructions to and receive information from another application or website (“Application”) while using our Services. Each Plugin is made available by the developer of the Application, which is typically a third party not affiliated with Nomyo. You may take action on an Application through one or more Plugins. For example, you may enable a plugin for a restaurant reservation website to request a reservation via the Services. You are solely responsible for the actions you take using Plugins. You must manually enable each plugin, which allows the applicable Service to access and use the enabled plugin. Nomyo may (but will have no obligation) to review, refuse, or remove Applications from Nomyo. However, by using Plugins, you may be exposed to Applications or content that you may find offensive, inappropriate or objectionable. You agree that you use Plugins at your own risk. DO NOT ENABLE A PLUGIN UNLESS YOU KNOW AND TRUST THE UNDERLYING APPLICATION AND HAVE REVIEWED ITS TERMS AND PRIVACY POLICY.

Plugin Operation and Content. When you enable a plugin, the Services will send applicable portions of your Content and certain information such as your country and state (“Plugin Data”) via the plugin to the Application. By enabling the plugin, you authorize and instruct us to send your Plugin Data to the applicable Application, which will be handled in accordance with its terms. We are not responsible for Plugin Data after it has been provided to an Application other than Applications owned by us. The Plugin will retrieve information and content from the Application, which may be included in Output you receive from the Services. This information and content included in the Output is not owned by you or Nomyo, and may be subject to the terms of the Application.

Voice Conversations

Voice conversations is a Nomyo feature that allows you to speak to our models and have them speak back (“Nomyo Voice Output”). Nomyo Voice Output is for non-commercial use only and may not be distributed or repackaged as a standalone audio recording or any other sound file. Any rights in Output assigned to you do not include Nomyo Voice Output.

Medical Use

Our Services are not intended for use in the diagnosis or treatment of any health condition. You are responsible for complying with applicable laws for any use of our Services in a medical or healthcare context.

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