Terms of Use

Nuanix provides technology designed to help businesses manage, automate, coordinate, and perform business functions through digital assistants, artificial intelligence, workflow automation, communications tools, integrations, dashboards, and related technologies.

Depending upon the Services selected, Nuanix may assist with functions such as telephone reception, customer communications, lead engagement and follow-up, scheduling, marketing support, content creation, data organization, reporting, workflow management, and other business activities.

The specific features available to you depend upon your subscription, configuration, integrations, and any separate agreement between you and Nuanix.

Nuanix may modify, enhance, replace, or discontinue particular features from time to time as our technology and Services evolve.

These Terms establish the general rules governing access to and use of the Services.

Certain customers may also enter into a Master Services Agreement, Subscription Agreement, Order Form, Data Processing Addendum, Statement of Work, partner agreement, or other written agreement with Nuanix (collectively, “Additional Agreements”).

If an Additional Agreement expressly conflicts with these Terms, the Additional Agreement will control with respect to the subject matter of that conflict.

Pricing, subscription duration, payment obligations, renewal terms, cancellation rights, implementation services, service levels, and other commercial terms may be governed by an applicable Subscription Agreement, Order Form, checkout process, or other Additional Agreement rather than these Terms.

Our collection and processing of personal information is addressed in the Nuanix Privacy Policy and, where applicable, a Data Processing Addendum.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

If you access or use the Services for a business or organization, you represent and warrant that you have authority to act on behalf of that organization and to authorize its use of the Services.

You are responsible for ensuring that individuals whom you authorize to use your Nuanix account comply with these Terms and any Additional Agreements applicable to your account.

Certain Services require a Nuanix account.

You agree to provide accurate, current, and complete information when establishing and maintaining an account and to update that information when reasonably necessary.

You are responsible for maintaining the confidentiality and security of account credentials and for activities occurring through your account by persons you authorize to access it.

You may not knowingly share credentials with unauthorized persons or permit unauthorized access to the Services.

You must promptly notify Nuanix if you reasonably believe that your account, credentials, integrations, or connected systems have been compromised or accessed without authorization.

Nuanix may require authentication, verification, password changes, or other security measures when reasonably necessary to protect the Services, customers, users, or information processed through the platform.

Subject to your compliance with these Terms and any applicable Additional Agreement, Nuanix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the period in which you are authorized to use them.

The Services are provided for legitimate business purposes and may be used only in accordance with these Terms, your applicable subscription or agreement, and applicable law.

This right does not transfer ownership of the Services or any Nuanix technology or intellectual property to you.

Except where expressly permitted by Nuanix in writing or by applicable law, you may not reproduce, distribute, sell, lease, sublicense, commercially exploit, reverse engineer, decompile, disassemble, copy, modify, or create derivative works from the Services or the underlying Nuanix technology.

“Customer Data” means information, content, communications, records, files, instructions, or other data that you or your authorized users provide to Nuanix or make available to Nuanix through authorized integrations or use of the Services.

You retain your rights in Customer Data.

Nuanix does not acquire ownership of Customer Data merely because it is transmitted to, stored by, accessed by, or processed through the Services.

You grant Nuanix and its authorized service providers a limited right to access, host, transmit, reproduce, modify, process, and otherwise use Customer Data only as reasonably necessary to provide, operate, support, secure, maintain, and improve the Services; comply with your instructions; fulfill our contractual obligations; and comply with applicable law.

You represent and warrant that you have the rights, permissions, notices, consents, and lawful authority necessary to provide Customer Data to Nuanix and authorize its processing as contemplated by the Services.

You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for determining whether particular information should be provided to or processed through the Services.

Certain Nuanix Services use artificial intelligence, machine learning, automated systems, large language models, voice technologies, or other computational technologies to generate content, communicate, analyze information, recommend actions, or perform tasks.

These technologies can provide substantial business efficiencies, but they are not infallible.

AI-generated content or automated actions may occasionally be inaccurate, incomplete, outdated, unexpected, or inappropriate for a particular situation. You are responsible for evaluating outputs and exercising appropriate judgment before relying upon them when the circumstances warrant review.

Nuanix does not represent or warrant that AI-generated content will always be accurate, complete, unique, error-free, or suitable for a particular purpose.

Human Review and Customer Control

Certain Services may provide tools that allow customers to review, approve, modify, reject, escalate, or otherwise control actions or content produced by Nuanix assistants.

The availability of these controls depends upon the Services and configuration selected.

You are responsible for selecting an appropriate level of automation and oversight for your business and for determining when human review is appropriate.

AI Training and Customer Data

Nuanix does not use Customer Data to train general-purpose artificial intelligence models unless expressly authorized by the customer.

Nuanix may use aggregated, statistical, or de-identified information that does not reasonably identify a customer or individual to analyze performance, improve the Services, and develop functionality, subject to applicable law and contractual obligations.

Unless Nuanix expressly agrees otherwise in writing, the Services are designed to provide business assistance and automation and are not a substitute for licensed professional judgment.

Nuanix does not provide legal, tax, accounting, financial, medical, real estate brokerage, investment, or other regulated professional advice through the general operation of the Services.

AI-generated information should not be treated as professional advice merely because it is generated or communicated through a Nuanix assistant.

You are responsible for obtaining appropriate professional advice when your activities require it.

Certain Services may enable telephone calls, email, text messages, automated communications, scheduling, lead follow-up, or other communications on your behalf.

You are responsible for ensuring that your use of these capabilities complies with applicable laws and requirements concerning communications, consent, call recording, telemarketing, text messaging, email marketing, do-not-call restrictions, automated communications, and similar activities.

You are also responsible for providing Nuanix with accurate instructions concerning individuals who should or should not receive communications.

Where required by applicable law, you are responsible for obtaining appropriate consent before initiating communications or recording conversations, except to the extent Nuanix has expressly agreed in writing to provide a particular compliance mechanism.

Nuanix may implement technical controls or restrictions designed to reduce misuse of communication functionality.

The Services may integrate or interact with third-party products and platforms such as CRM systems, calendars, email providers, telephone services, marketing platforms, social media services, payment processors, AI providers, and other business applications.

If you authorize an integration, you authorize Nuanix to exchange information with the applicable third-party service as reasonably necessary to provide the requested functionality.

Third-party services are operated independently from Nuanix and may be governed by their own terms, privacy policies, fees, limitations, availability, and security practices.

Nuanix does not control third-party services and is not responsible for their independent acts, omissions, availability, security, modifications, or discontinuation.

Changes made by a third-party provider may affect the availability or functionality of an integration without advance notice from Nuanix.

You may use the Services only for lawful and legitimate business purposes.

You may not use, or permit another person to use, the Services to:

• Violate applicable law or another person's legal rights;
• Commit or facilitate fraud, deception, impersonation, harassment, threats, or unlawful discrimination;
• Generate or distribute knowingly false or misleading communications in violation of applicable law;
• Send unlawful spam, telemarketing, text messages, or other prohibited communications;
• Infringe intellectual property, privacy, publicity, confidentiality, or other rights;
• Introduce malware, malicious code, or harmful technology;
• Attempt to obtain unauthorized access to Nuanix systems, accounts, networks, or information;
• Circumvent security, usage, access, or technical restrictions;
• Probe, scan, test, or interfere with the security or integrity of the Services without authorization;
• Use the Services to unlawfully collect, process, disclose, or exploit personal information;
• Use the Services in a manner intended to cause material harm to another person or organization;
• Misrepresent AI-generated content as independently verified fact when doing so would be deceptive or unlawful; or
• Assist another person in engaging in prohibited activity.

Nuanix may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect the Services, customers, users, third parties, or Nuanix.

You are responsible for how your organization configures and uses the Services.

This includes determining which users should have access, which systems should be connected, what information should be provided, which assistants or features should be enabled, and what level of human oversight is appropriate.

You are responsible for reviewing and maintaining your business information, integrations, workflows, permissions, and instructions and for ensuring that your use of the Services complies with applicable laws and contractual obligations.

Nuanix may provide tools and recommendations to assist with configuration, but you remain responsible for your business decisions and use of the Services.

The Services, including the Nuanix platform, software, technology, interfaces, designs, workflows, systems, documentation, trademarks, logos, branding, and other Nuanix materials, are owned by or licensed to Nuanix and are protected by applicable intellectual property laws.

Except for the limited right to use the Services expressly granted under these Terms, no right, title, or interest in Nuanix intellectual property is transferred to you.

You may not remove or alter proprietary notices, trademarks, copyright notices, or other ownership markings appearing within the Services.

“Nuanix,” associated logos, product names, and related marks are trademarks or service marks of Nuanix or its licensors and may not be used without appropriate authorization.

As between you and Nuanix, and subject to applicable law, third-party rights, and any applicable Additional Agreement, you retain your rights in content you provide to the Services.

To the extent Nuanix has any rights in output generated specifically for you through your authorized use of the Services, Nuanix permits you to use that output for your lawful business purposes.

Because generative AI systems may produce similar or identical content for different users, Nuanix does not guarantee that AI-generated output will be unique or eligible for copyright, trademark, patent, or other intellectual property protection.

You are responsible for reviewing output before publication or use where intellectual property, accuracy, regulatory, reputational, or other material considerations are involved.

If you voluntarily provide Nuanix with suggestions, recommendations, ideas, enhancement requests, or other feedback concerning the Services (“Feedback”), you grant Nuanix the right to use that Feedback without restriction or compensation to you.

Nuanix may use Feedback to develop, improve, modify, market, or operate our products and Services.

This provision does not give Nuanix ownership of your Customer Data.

Nuanix seeks to provide reliable Services but does not guarantee that every feature will be available at all times or without interruption.

Services may occasionally be unavailable due to maintenance, updates, security events, third-party provider outages, telecommunications failures, circumstances beyond our reasonable control, or other operational requirements.

Nuanix may modify, improve, replace, add, or discontinue features as our Services evolve. Where a change materially affects a contracted Service, any rights or obligations concerning that change will also be governed by the applicable Additional Agreement.

Nuanix may suspend, restrict, or terminate access to the Services if we reasonably determine that an account is being used in violation of these Terms, applicable law, security requirements, or an applicable Additional Agreement.

We may also take action where continued access reasonably presents a security risk, could cause material harm to Nuanix or another party, or where payment obligations applicable to the Services have not been satisfied.

Where reasonably practicable and appropriate under the circumstances, Nuanix may provide notice and an opportunity to cure a violation before terminating access.

Subscription cancellation, early termination, payment default, reinstatement, and related commercial consequences are governed by the applicable Subscription Agreement, Order Form, or other Additional Agreement.

Your use of the Services may involve access to confidential or proprietary information belonging to Nuanix, customers, or third parties.

You agree not to use or disclose confidential information except as reasonably necessary to use the Services or as otherwise authorized by the owner of that information.

Nuanix will handle Customer Data and customer confidential information in accordance with applicable agreements and our privacy and security obligations.

Where a separate confidentiality or nondisclosure agreement exists between the parties, that agreement will govern to the extent it provides additional or conflicting confidentiality obligations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

NUANIX DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

NUANIX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED.

NUANIX DOES NOT GUARANTEE ANY PARTICULAR BUSINESS RESULT, REVENUE INCREASE, LEAD CONVERSION, COST SAVINGS, PRODUCTIVITY IMPROVEMENT, CUSTOMER RESPONSE, OR OTHER COMMERCIAL OUTCOME FROM USE OF THE SERVICES.

ARTIFICIAL INTELLIGENCE AND AUTOMATED TECHNOLOGIES MAY PRODUCE ERRORS OR UNEXPECTED RESULTS. NUANIX DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF AI-GENERATED OUTPUT FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUANIX AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUANIX'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU TO NUANIX FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

If you use only free Services and have paid no fees to Nuanix, Nuanix's aggregate liability will not exceed $100.

The limitations in this section apply to the fullest extent permitted by applicable law and regardless of the legal theory upon which liability is asserted.

Where an applicable Additional Agreement contains a different limitation of liability, that agreement will govern the applicable Services.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nuanix and its affiliates, officers, directors, employees, and agents from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees arising from or relating to:

• Your unlawful or unauthorized use of the Services;
• Customer Data or content provided by you;
• Your violation of these Terms or applicable law;
• Your infringement or violation of another person's rights;
• Communications initiated or authorized by you through the Services; or
• Your fraud, willful misconduct, or material misuse of the Services.

Nuanix will provide reasonable notice of an indemnified claim and reasonable cooperation in the defense, subject to the applicable Additional Agreement.

Your use of the Services is subject to the Nuanix Privacy Policy, which explains how Nuanix collects, uses, discloses, retains, and protects personal information.

Where Nuanix processes personal information on behalf of a business customer, additional data protection terms may apply through a Data Processing Addendum or other Additional Agreement.

Customers remain responsible for providing required privacy notices and obtaining required permissions or consents relating to Customer Data they provide or make available to Nuanix.

These Terms and any dispute arising out of or relating to them will be governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.

Except for disputes that qualify for small claims court or claims seeking appropriate injunctive or equitable relief relating to intellectual property, confidentiality, unauthorized system access, or misuse of the Services, disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration to the extent permitted by applicable law.

Before initiating arbitration, the party asserting a dispute must provide the other party with written notice describing the dispute and requested resolution. The parties will attempt in good faith to resolve the matter informally for at least thirty (30) days after receipt of the notice.

If the dispute is not resolved, it will be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) under the applicable AAA Commercial Arbitration Rules, unless applicable law requires otherwise.

Unless the parties agree otherwise, arbitration will be conducted by one arbitrator. The arbitration may be conducted remotely when permitted by the applicable rules or as otherwise agreed by the parties.

The arbitrator may award any individual remedy available under applicable law that would be available in court, subject to the limitations contained in these Terms and any applicable Additional Agreement.

Judgment on the arbitration award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief from a court of competent jurisdiction when reasonably necessary to protect intellectual property, confidential information, data, systems, or other rights pending resolution of the dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NUANIX AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY ALSO WAIVES THE RIGHT TO A TRIAL BY JURY FOR DISPUTES SUBJECT TO THESE TERMS.

If applicable law prohibits enforcement of a particular waiver contained in this section, that waiver will apply only to the maximum extent permitted by law.

By creating an account or using the Services, you agree that Nuanix may provide agreements, notices, disclosures, account information, and other communications electronically where permitted by applicable law.

Electronic communications may be delivered through email, the Nuanix platform, account notifications, or other electronic means associated with the Services.

You are responsible for maintaining accurate contact information associated with your account.

Marketing communications remain subject to applicable opt-out rights.

Nuanix may update these Terms from time to time to reflect changes in our Services, technology, business practices, legal requirements, or operations.

When we update these Terms, we will revise the “Last Updated” date at the top of the document.

If a change materially affects existing users' rights or obligations, Nuanix will provide additional notice where required by applicable law or applicable agreement.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

These Terms, together with any applicable Additional Agreements, constitute the agreement between you and Nuanix concerning the subject matter addressed by them.

If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

Nuanix's failure to enforce a provision of these Terms does not waive our right to enforce that provision later.

You may not assign or transfer your rights or obligations under these Terms without Nuanix's prior written consent, except as permitted under an applicable Additional Agreement. Nuanix may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Headings are provided for convenience and do not affect interpretation.

Provisions that by their nature should survive termination—including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and other accrued rights and obligations—will survive termination.

Questions regarding these Terms or the Services may be directed to:

Nuanix, Inc.

Customer Support: support@nuanix.com

Website: Nuanix.com

Mailing Address: 3101 N Central Ave STE 183-5889, Phoenix, AZ 85012