# Legal Home Policies for usage of nanonets.com and its subdomains and services provided by Nano Net Technologies Inc. ## Contents: {% content-ref url="/pages/-MNYIz5dEkv6guPoGMot" %} [Terms of Service](/terms) {% endcontent-ref %} {% content-ref url="/pages/-MNYazAXMcZbZnp\_kuZs" %} [Privacy Policy](/privacy) {% endcontent-ref %} {% content-ref url="/pages/-MNYoRgV7WyALerBIw5I" %} [Third Party Subprocessors](/subprocessors) {% endcontent-ref %} {% content-ref url="/pages/-MNYr0alVRvZXsH2nLRz" %} [GDPR at Nanonets](/gdpr) {% endcontent-ref %} {% content-ref url="/pages/-MNYro\_xiPTFjPJl-iGl" %} [How to view or sign our DPA (Data Processing Agreement)](/dpa) {% endcontent-ref %} {% content-ref url="/pages/-MNYs6o7KMS\_109wEV\_7" %} [How to view or sign our NDA (Non Disclosure Agreement)](/nda) {% endcontent-ref %} {% content-ref url="/pages/-MNYudUfiWcb8i2UOtzT" %} [Security](/security-policy) {% endcontent-ref %} {% content-ref url="/pages/-MNYwwihu38lphKc03kz" %} [Support Policy](/support-policy) {% endcontent-ref %} {% content-ref url="/pages/-MNYxbBeelj89BvAtYzg" %} [Acceptable Usage Policy](/acceptable-usage-policy) {% endcontent-ref %} {% content-ref url="/pages/-MNYy9SIUC4xZoGQQg6s" %} [How We Bill](/how-we-bill) {% endcontent-ref %} {% content-ref url="/pages/-MNYzHIc5k9TvdTsBi59" %} [Employee Code of Conduct](/employee-code-of-conduct) {% endcontent-ref %} {% content-ref url="/pages/-MNZ-UJe8mwo3WdQSOmn" %} [Service Level Agreement](/service-level-agreement) {% endcontent-ref %} # Terms of Service Nano Net Technologies Inc. Terms of Service. Effective day 2nd Dec 2020 ### 1. Introduction These Terms of Service ("Terms of Service," "Agreement") governs your ("Customer," "User," "your," or "you") use of Nanonets' Services. The Terms of Service is a legally binding agreement between the User and Nano Net Technologies Inc., ("Nanonets", "we", "us", or "our"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE OFFERED BY Nanonets. Capitalized terms not defined herein shall have the same meaning as ascribed to them under the [Terms of Use](/terms#1-introduction) and/or the [Privacy Policy](/privacy). PLEASE NOTE THAT THIS AGREEMENT CONTAINS A **BINDING AND MANDATORY CUSTOMER ARBITRATION** THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. ANY DISPUTES RELATING TO THE AGREEMENT, YOUR ACCOUNT OR THE SERVICES PROVIDED BY US MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 13.8 FOR FURTHER DETAILS. THIS AGREEMENT ALSO CONTAINS AN AUTO-RENEWAL CLAUSE. PLEASE REVIEW SECTION 8.1 TO UNDERSTAND THE COMPLETE EXTENT OF YOUR RIGHTS AND OBLIGATIONS UNDER THE AUTO-RENEWAL CLAUSE. ### 2. Acceptance of the Terms of Service WHEN YOU CREATE AND REGISTER AN ACCOUNT WITH US ON OUR WEBSITE I.E., LOCATED AT [WWW.NANONETS.COM](https://nanonets.com) ("WEBSITE") OR [APP.NANONETS.COM](https://app.nanonets.com) ("WEBSITE") BY MUTUALLY EXECUTING ONE OR MORE ORDER FORMS WITH US WHICH REFERENCE THESE TERMS (EACH, AN "**ORDER**") OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS (TOGETHER WITH ALL ORDER FORMS, THE "**AGREEMENT**") TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT (A) YOU ARE AT LEAST 18 YEARS OF AGE; (B) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "CUSTOMER," "YOU" AND "YOUR" SHALL REFER TO SUCH AN ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. ### 3. Service & License **3.1 Services**. Nanonets provides "Services" to its Customers. For the purpose of the Agreement, "Services" is defined as the software services provided by Nanonets to the Customer and as fully described under an applicable "Order" (as defined under Section 3.3). Subject to Nanonets's receipt of the applicable Fees (as detailed under an Order) from the Customer, Nanonets will use commercially reasonable efforts to make the Services available to Customer, in compliance with the terms of this Agreement and an applicable Order. **3.2 License to Nanonets Services**. Nanonets hereby grants the Customer, for the Term (as defined under Section 8.1), a limited, non-exclusive, non-sub-licensable, non-transferable, non-assignable right to access and use the Services. Any such use of the Services by Customer is authorized solely for Customer's internal business and is subject to Customer's compliance with any additional limitations and restrictions as may be specified under an applicable Order. **3.3 On-premises Deployment.** If under an applicable Order, Customer is accessing Nanonets services through an on-premises deployment through a docker container or otherwise, the right to access such service shall only be limited to the time period mentioned in the applicable Order. In absence of any agreement to the contrary in the applicable Order, right to use the Services through such deployment shall also be limited, non-exclusive, non-sub-licensable, non-transferable, non-assignable. Upon the lapse of the applicable Service duration, Customer shall destroy and permanently delete all Nanonets data from their premises, and send appropriate proof of such destruction to Nanonets. Until one (1) year after the lapse of the applicable Service duration, Nanonets shall have the ongoing right to inspect, and audit customer's servers for Nanonets usage data and proof of any violation of such limited license. The consumption of any additional licenses without prior payment shall be a considered a material breach of this Agreement, which shall be remediable only by pro-rata payment being made to Nanonets. In case a Nanonets Partner or Reseller has made an on-premises deployment to its customer ("End Customer"), such Partner shall ensure that it has rights of the same nature in written with regard to the servers of End Customer. **3.4 Order**. For the purposes of this Agreement, an "Order" is defined as an order form or other similar document (including but not limited to an online order form) that details the Services being provided hereunder and the applicable Fees to be paid by the Customer to Nanonets. The Order may also provide details regarding the service level terms (if any). In the event of a conflict between the Order and the Terms of Service, the Order will prevail. **3.5 Trials.** If Customer is accessing or making use of the Service on a trial basis or on an evaluation basis as identified in the corresponding Order (the "**Trial**"), Customer may use the Services during the Trial provided such use does not exceed the service levels set forth in the corresponding Order. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE TRIAL IS PROVIDED ON AN "AS-IS" BASIS AND THE TRIAL IS PROVIDED WITHOUT ANY INDEMNIFICATION, SUPPORT, OR WARRANTIES OR REPRESENTATION OF ANY KIND. Further, Trial may be subject to certain additional restrictions, limitations and differing terms all as specified in the corresponding Order. **NOTWITHSTANDING ANYTHING CONTAINED HEREIN, FOR PURPOSES OF A TRIAL, THE SERVICE IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES AND/OR INDEMNITIES.** **3.6 No-fee Access.** If Customer is accessing or making use of the Service on a no-fee basis (the "**Limited Use**"), Customer may use the Services during the Limited Use provided such use does not exceed the Service levels specified on the Nanonets website with respect to Limited Use. Customer acknowledges and agrees that the Limited Use is provided on an "as-is" basis, and the Limited Use is provided without any indemnification, support, or warranties or representation of any kind. Additionally, Customer acknowledges and agrees that Nanonets may terminate the Limited Use at any time and for any reason or modify the applicable terms by publishing a notice on the Nanonets website. **3.7 Support Services**. During the Term, Nanonets may also provide Customers with support services ("Support Services"). Customer acknowledges that such Support Services may be subject to additional Fees as provided for under an applicable Order. If Nanonets is providing the Customer with Support Services, it will be detailed under an applicable Order. **3.8 Service Suspensions**. Nanonets may suspend Customer's access to or use of the Services as follows: (a) immediately if Nanonets reasonably believes Customer's use of the Services may pose a security risk to or may adversely impact the Services; (b) immediately if Customer become insolvent, has ceased to operate in the ordinary course, made an assignment for the benefit of creditors, or becomes the subject of any bankruptcy, re-organization, liquidation, dissolution or similar proceeding; (c) following thirty (30) days written notice if Customer is in breach of this Agreement or any Order (and has not cured such breach, if curable, within the thirty (30) days of such notice); or (d) Customer has failed to pay Nanonets the Fees with respect to the Services. ### 4. Restrictions & Reservations **4.1 Restrictions**. Customer will use the Services only in accordance with all applicable laws, including, but not limited to, laws related to data protection and privacy (whether applicable within the United States, the European Union, or otherwise). Customer agrees not to (and will not allow any third party to): (i) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying structure, ideas, or algorithms of the Services or any software used to provide or make the Services available; or (iii) rent, resell or otherwise allow any third party access to or use of the Services. **4.2 Reservations**. You acknowledge and agree that the Services are provided under license (as described under Section 3.2), and not sold, to you. Except to the extent necessary to access and use the Services, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Services whether expressly, by implication, estoppel or otherwise. Nanonets and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. ### 5. Proprietary Rights **5.1 Ownership**. Nanonets retains all right, title, and interest whether pre-existing or otherwise, in and to the Services, and any software, products, works or other intellectual property created, used, provided or made available by Nanonets under or in connection with the Services under this Agreement. Additionally, Nanonets owns the "**Service Software**" i.e., embedded in the Services. For the purposes of this Agreement, "**Service Software**" is defined as the any Nanonets or third-party software code, computer program, documentations, new versions, updates, enhancements, upgrades, revisions, improvements and modifications of the foregoing that Nanonets has embedded into the Services and is proprietary to Nanonets and Nanonets provides to the Customer under this Agreement. Customer acknowledges and understands that Nanonets owns all Service Software and all rights related thereto. Subject to the terms and conditions of this Agreement, including but not limited to receipt of all applicable Fees, to the extent Nanonets makes Service Software available to the Customer, Nanonets hereby grants to the Customer, and Customer hereby accepts from Nanonets, a limited, non-exclusive, non-transferable, non-assignable and non-sub-licensable license to: run such Service Software solely as necessary to make use of the Services. **5.2 Restrictions**. Customer agrees that, it shall not: (a) exceed the scope of the licenses granted in Section 5.1; (b) make copies of the Service Software; (c) distribute, sublicense, assign, delegate, rent, lease, sell, time-share or otherwise transfer the benefits of, use under, or rights to, the license granted in Section 3.2 and Section 5.1; (d) reverse engineer, decompile, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the software, except to the extent required to be permitted under applicable law; (e) modify, translate or create derivative works of the Service Software; (f) remove any copyright, trademark, patent or other proprietary notice that appears on the Service Software or copies thereof; or (g) combine or distribute any of the Service Software with any third party software that is licensed under terms that seek to require that any of the software (or any associated intellectual property rights) be provided in source code form (e.g., as "open source"), licensed to others to allow the creation or distribution of derivative works, or distributed without charge. **5.3 Feedback**. Customer may from time to time provide suggestions, comments or other feedback to Nanonets with respect to the Services ("**Feedback**"). Customer shall, and hereby does, grant to Nanonets a nonexclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. **5.4 Disclaimer**. Nothing in this Agreement will impair Nanonets's right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute. ### 6. Data Privacy **6.1 Nanonets Privacy Policy.** Nanonets's current Privacy Policy is available at [https://Nanonets.com/privacy](https://nanonets.com/privacy.html) (the "Privacy Policy"), which is incorporated herein by reference. Please review the Privacy Policy to learn about Nanonets's information collection, usage and disclosure practices with respect to information collected by Nanonets through the Services. **6.2 Customer Data**. Customer Data is, or shall be, and shall remain the property of the Customer. For purposes of this Agreement, "**Customer Data**" shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Services. Customer, not Nanonets, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Customer hereby grants Nanonets a non-exclusive, non-transferable, non-sub-licensable, worldwide, royalty-free license to use, collect, transfer and process the Customer Data for the sole purpose of providing the Services to the Customer under the terms of the applicable Order and this Agreement. **6.3 Derived Data**. Customer further understands and acknowledges that Nanonets may generate "Derived Data," (as defined below) from the Customer Data. For the purposes of this Agreement, "**Derived Data**" means data submitted to, collected by, or generated by Nanonets from the Customer Data in connection with Customer's use of the Services. Customer hereby agrees and understands that Nanonets may freely use Derived Data for its internal business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Nanonets's products and services). **6.4 Customer Responsibility; Customer Data**. Customer is solely responsible for Customer Data including, but not limited to: (a) compliance with all applicable laws and this Agreement; (b) any claims relating to Customer Data; (c) any claims that Customer Data infringes, misappropriates, or otherwise violates the rights of any third party; and (d) backing up and maintaining Customer Data. **6.5 GDPR Reference**. If Nanonets processes Customer's "Personal Data," under this Agreement and such Personal Data is subject to the EU General Data Protection Regulation (the "GDPR"), the Customer may require Nanonets to enter into a Data Processing Agreement ("**DPA**") with it. Under such a DPA, Nanonets shall be the data "Processor" and the Customer shall be the data "Controller." Please note that the processing of Personal Data pursuant to this Agreements shall be subject to the Nanonets's DPA. You may request to enter into the Nanonets DPA by sending a request to: . All capitalized terms not defined herein i.e., under this Section 6.5 shall have the same meaning as ascribed to them under Article 4 of GDPR. **6.6 Nanonets's Responsibility; Customer Data.** Nanonets shall use commercially reasonable efforts to maintain the security and integrity of the Services and all Customer Data controlled by Nanonets. Nanonets is not responsible for unauthorized access to Customer Data or the unauthorized use of the Services unless such access is directly due to Nanonets's gross negligence or willful misconduct. Customer is responsible for the use of the Services by any person to whom Customer has given access to the Services, even if Customer did not authorize such use. Nanonets reserves the right to retain Customer Data for up to thirty (30) days following the termination or expiration of the corresponding Order. Thereafter, Customer agrees and acknowledges that Customer Data may be irretrievably deleted. ### 7. Fees, Orders, and Taxes **7.1 Fees**. Customer shall pay to Nanonets the fees as set forth in each applicable Order(s) (collectively, the "Fees"). Customer acknowledges that it shall have no right to return the Services and that all Fees shall be non-refundable. If Nanonets is required to initiate legal action due to nonpayment of fees, Customer shall bear all costs resulting from the collection of such fees. **7.2 Additional Services**. Customer may place Orders for additional Services or to extend the term of the existing Services by specifying such order details in an Order form agreed to in writing by the parties referencing the terms and conditions of this Agreement. **7.3 Taxes**. If Nanonets has the legal obligation (under applicable law) to pay or collect taxes for which the Customer is responsible, including but not limited to, sales, use, transfer, privilege, excise, and all other taxes and duties that are levied or imposed by reason of performance of the Services by Nanonets under this Agreement, the appropriate amount shall be invoiced to and paid by the Customer, unless Customer provides Nanonets with a valid tax exemption certificate authorized by the appropriate taxing authority. All amounts payable to Nanonets under this Agreement shall be without set-off and without deduction of any taxes, levies, imposts, charges, withholdings and/or duties of any nature which may be levied or imposed, including without limitation, value added tax, customs duty and withholding tax. ### 8. Term and Termination **8.1 Term**. The term of this Agreement shall commence on the "**Effective Date**" and unless terminated earlier according to this Section 8, will end on the last day of the term specified in a last Order (the "**Term**"). Effective Date is defined as the date the Customer enters into this Agreement, signs an Order, and/or starts using our Services under the Trial. Each Order will renew **automatically** at the end of the applicable term unless either party provides to the other advance written notice with respect to non-renewal prior to the end of the then current term. **8.2 Termination for Breach.** This Agreement and the Orders hereunder may be terminated: (a) by either party if the other has materially breached this Agreement, within thirty (30) calendar days after written notice of such breach to the other party if the breach is remediable or immediately upon notice if the breach is not remediable; or (b) by Nanonets upon written notice to Customer if Customer (i) has made or attempted to make any assignment for the benefit of its creditors or any compositions with creditors, (ii) has any action or proceedings under any bankruptcy or insolvency laws taken by or against it which have not been dismissed within sixty (60) days. **8.3 Effect of Termination**. Upon any expiration or termination of this Agreement, Customer shall (i) immediately cease use of the Service, and (ii) return all Nanonets Confidential Information, and Nanonets provided software, and other materials and information provided by Nanonets. Any termination or expiration shall not relieve Customer of its obligation to pay all Fees accruing prior to termination. If the Agreement is terminated by Nanonets pursuant to Section 8.2 (a), Customer shall pay to Nanonets all of the Fees for the entire term set forth in the corresponding Order(s). **8.4 Survival.** The following provisions will survive termination of this Agreement: Sections 5.1 (Ownership), 8.3 (Effect of Termination), Section 8.4 (Survival), Section 9 (Confidentiality), Section 10.1 (Indemnification by Customer), Section 12 (Limitation of Liability), Section 13 (Miscellaneous). ### 9. Confidentiality During the term of this Agreement, either party may provide the other party with confidential and/or proprietary materials and information (***"*****Confidential Information*****"***). All materials and information provided by the disclosing party and identified at the time of disclosure as "Confidential" or bearing a similar legend, and all other information that the receiving party reasonably should have known was the Confidential Information of the disclosing party, shall be considered Confidential Information. This Agreement is Confidential Information, and all pricing terms are Nanonets Confidential Information. The receiving party shall maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of the disclosing party. The receiving party will only use the Confidential Information internally for the purposes contemplated hereunder. The obligations in this Section shall not apply to any information that: (a) is made generally available to the public without breach of this Agreement, (b) is developed by the receiving party independently from and without reference to the Confidential Information, (c) is disclosed to the receiving party by a third party without restriction, or (d) was in the receiving party's lawful possession prior to the disclosure and was not obtained by the receiving party either directly or indirectly from the disclosing party. The receiving party may disclose Confidential Information as required by law or court order; provided that, the receiving party provides the disclosing with prompt written notice thereof and uses the receiving party's best efforts to limit disclosure. At any time, upon the disclosing party's written request, the receiving party shall return to the disclosing party all disclosing party's Confidential Information in its possession, including, without limitation, all copies and extracts thereof. ### 10. Indemnification **10.1 Indemnification by Customer**. Customer will defend, indemnify, and hold Nanonets, its affiliates, suppliers and licensors harmless and each of their respective officers, directors, employees and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim with respect to: (a) Customer Data; (b) breach of this Agreement or violation of applicable law by Customer; or (c) alleged infringement or misappropriation of third-party's intellectual property rights resulting from Customer Data or caused and contributed by the Customer. **10.2 Indemnification by Nanonets**. Nanonets will defend, indemnify, and hold Customer harmless from and against any third party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from claims by a thirty party that Customer's use of the Service directly infringes or misappropriates a third party's United States (or Berne Convention signatory country) intellectual property rights (an "**Infringement Claim**"). Notwithstanding any other provision in this Agreement, Nanonets shall have no obligation to indemnify or reimburse Customer with respect to any Infringement Claim to the extent arising from: (a) the combination of any Customer Data with the Service; (b) the combination of any products or services, other than those provided by Nanonets to Customer under this Agreement, with the Service; or (c) non-discretionary designs or specifications provided to Nanonets by Customer that caused such Infringement Claim. Customer agrees to reimburse Nanonets for any and all damages, losses, costs and expenses incurred as a result of any of the foregoing actions. **10.3 Notice of Claim and Indemnity Procedure.** In the event of a claim for which a party seeks indemnity or reimbursement under this Section 10 (each an "Indemnified Party") and as conditions of the indemnity, the Indemnified Party shall: (a) notify the indemnifying party in writing as soon as practicable, but in no event later than thirty (30) days after receipt of such claim, together with such further information as is necessary for the indemnifying party to evaluate such claim; and (b) the Indemnified Party allows the indemnifying party to assume full control of the defense of the claim, including retaining counsel of its own choosing. Upon the assumption by the indemnifying party of the defense of a claim with counsel of its choosing, the indemnifying party will not be liable for the fees and expenses of additional counsel retained by any Indemnified Party. The Indemnified Party shall cooperate with the indemnifying party in the defense of any such claim. Notwithstanding the foregoing provisions, the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent, to settle a claim. Subject to the maximum liability set forth in Section 12, the provisions of this Section 10 constitute the entire understanding of the parties regarding each party's respective liability under this Section 10, including but not limited to Infringement Claims (including related claims for breach of warranty) and each party's sole obligation to indemnify and reimburse any Indemnified Party. ### 11. Warranty **11.1 Warranty.** The Services, when used by Customer in accordance with the provisions of this Agreement and in compliance with the applicable specifications will perform, in all material respects, the functions described in the Order (the "**Specification**"), during the term in the corresponding Order. **11.2 Exclusive Remedies.** Customer shall report to Nanonets, pursuant to the notice provision of this Agreement, any breach of the warranty set forth in this Section 11. In the event of a breach of warranty by Nanonets under this Agreement, Customer's sole and exclusive remedy, and Nanonets's entire liability, shall be prompt correction of any material non-conformance in order to minimize any material adverse effect on Customer's business. **11.3 Disclaimer of Warranty**. Nanonets does not represent or warrant that the operation of the Service (or any portion thereof) will be uninterrupted or error free, or that the Service (or any portion thereof) will operate in combination with other hardware, software, systems or data not provided by Nanonets, except as expressly specified in the applicable Specification. CUSTOMER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11.1, Nanonets MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE OR SERVICES, OR THEIR CONDITION. Nanonets IS FURNISHING THE WARRANTY SET FORTH IN SECTION 11.1 IN LIEU OF, AND Nanonets HEREBY EXPRESSLY EXCLUDES, ANY AND ALL OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, WHETHER UNDER COMMON LAW, STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ### 12. Limitations of Liability **12.1 Exclusion of Incidental and Consequential Damages.** EXCEPT FOR BREACH OF SECTION 9 ("CONFIDENTIALITY") OF THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, REPLACEMENT SERVICE OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES. **12.2 Cap on Monetary Liability**. Nanonets'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF FEES PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM. ### 13. Miscellaneous **13.1 Export Control**. Customer hereby certifies that Customer will comply with all current US Export Control laws. Customer agrees to defend, indemnify and hold Nanonets harmless from any liability for Customer's violation of U.S. Export Control laws. **13.2 Compliance with Laws.** Customer shall comply with all applicable laws and regulations in its use of any Service, including without limitation the unlawful gathering or collecting, or assisting in the gathering or collecting of information in violation of any privacy laws or regulations. Customer shall, at its own expense, defend, indemnify and hold harmless Nanonets from and against any and all claims, losses, liabilities, damages, judgments, government or federal sanctions, costs and expenses (including attorneys' fees) incurred by Nanonets arising from any claim or assertion by any third party of violation of privacy laws or regulations by Customer or any of its agents, officers, directors or employees. **13.3 Assignment**. Neither party may transfer and assign its rights and obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Nanonets may transfer and assign its rights under this Agreement without consent from the other party in connection with a change in control, acquisition or sale of all or substantially all of its assets. **13.4 Force Majeure**. Neither party shall be responsible for failure or delay in performance by events out of their reasonable control, including but not limited to, acts of God, Internet outage, terrorism, war, fires, earthquakes and other disasters (each a "**Force Majeure**"). Notwithstanding the foregoing: (i) Customer shall be liable for payment obligations for Service rendered; and (ii) if a Force Majeure continues for more than thirty (30) days, either party may terminate this agreement by written notice to the other party. **13.5 Notice**. All notices between the parties shall be in writing and shall be deemed to have been given if personally delivered or sent by registered or certified mail (return receipt), or by recognized courier service. **13.6 Independent Contractor**. Nanonets is an independent Contractor and both parties agree that no agency, partnership, joint venture, or employment is created as a result of this Agreement. Customer does not have any authority of any kind to bind Nanonets. **13.7 Governing Law**. This Agreement shall be governed exclusively by, and construed exclusively in accordance with, the laws of the State of California, United States, without regard to its conflict of law provisions. The federal courts of the United States in the Northern District of California and the state courts of the State of California shall have exclusive jurisdiction to adjudicate disputes arising out of or relating to this Agreement, for any actions that are not subject to the Binding Arbitration provision under Section 13.8. Each party hereby consents to the jurisdiction of such courts and waives any right it may otherwise have to challenge the appropriateness of such forums, whether on the basis of the doctrine of forum non conveniens or otherwise. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any Purchase Order issued under this Agreement. **13.8 Binding Arbitration.** Any unresolved controversy or claim arising out of or relating to this Agreement, except as (i) otherwise provided in this Agreement, or (ii) any such controversies or claims arising out of either party's intellectual property rights for which a provisional remedy or equitable relief is sought, will be submitted to mandatory and binding arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the "AAA"), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration will take place in San Francisco, California, in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. Unless otherwise agreed to in writing by all of the parties, there will be limited discovery prior to the arbitration hearing as follows: (i) one set of interrogatories; (ii) one set of admissions, (iii) exchange of witness lists and copies of documentary evidence and documents relating to or arising out of the issues to be arbitrated, and (iv) depositions of all party witnesses. Depositions will be conducted in accordance with the California Code of Civil Procedure, the arbitrator will be required to provide in writing to the Parties the basis for the award or order of such arbitrator, and a court reporter will record all hearings, with such record constituting the official transcript of such proceedings. **13.9 Marketing**. Customer hereby grants Nanonets the right to identify Customer as a Nanonets Customer, and use Customer's name, mark and/or logo on Nanonets's website and/or in Nanonets's marketing materials in connection with the Customer's use of the Service. **13.10 Entire Agreement**. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. Any term or provision of this Agreement held to be illegal or unenforceable shall be, to the fullest extent possible, interpreted so as to be construed as valid, but in any event the validity or enforceability of the remainder hereof shall not be affected. In the event of a conflict between this Agreement and the Order document, the terms of this Agreement shall control, other than terms expressly modified in any Order with respect to such Order. # Privacy Policy Privacy Notice for Nano Net Technologies Inc. Effective day July 22, 2026 Thank you for choosing to be part of our community at Nano Net Technologies Inc., doing business as Nanonets ("Nanonets", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at . When you visit our website[ https://nanonets.com](https://nanonets.com/) (the "Website") or Subdomains (like[ https://app.nanonets.com](https://app.nanonets.com/)) , and more generally, use any of our services (the "Services", which include the Website, our Subdomains such as , our software applications, and our integrations and apps offered through third-party platforms such as Microsoft Teams and Google Workspace), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately. This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events. This notice applies to Nanonets and to all Nanonets applications, integrations, and services, including the Nanonets app made available through the Microsoft Teams store and Microsoft AppSource. **Google user data.** Where Nanonets accesses data from your Google account through Google APIs, including Google Workspace APIs, that data is handled only as described in Section 17 of this notice. Section 17 takes precedence over every other part of this notice with respect to that data. In particular, Google user data is never used or transferred for advertising, marketing, lead generation, profiling, credit or lending decisions, or to train generalised artificial intelligence or machine learning models. Please read this privacy notice carefully as it will help you understand what we do with the information that we collect. #### 1. WHAT INFORMATION DO WE COLLECT? Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us. The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following: Personal Information Provided by You. We collect names; phone numbers; email addresses; mailing addresses; job titles; usernames; passwords; contact preferences; contact or authentication data; billing addresses; and other similar information. Payment card details are collected and stored by our payment processor, Stripe, as described under "Payment Data" below. Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here:[ https://stripe.com/en-in/privacy](https://stripe.com/en-in/privacy). Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "[HOW DO WE HANDLE YOUR SOCIAL LOGINS](https://legal.nanonets.com/privacy#6-how-do-we-handle-your-social-logins)" below. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. Information automatically collected In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website. We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies. The information we collect includes: * Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings). * Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information. * Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services. Information collected from other sources In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, and is used for business-to-business marketing and event promotion. Google user data received through Google APIs is never obtained from, combined with, or enriched using these sources, and is never used for these purposes. If you interact with us on a social media platform using your social media account (e.g. Facebook or Twitter), we receive personal information about you such as your name, email address, and gender. Any personal information that we collect from your social media account depends on your social media account's privacy settings.

#### 2. HOW DO WE USE YOUR INFORMATION? In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. We use personal information collected via our Website for the business purposes described below. Google user data received through Google APIs is used only for the purposes set out in Section 17, and none of the purposes listed in this section apply to it. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive: * To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "[HOW DO WE HANDLE YOUR SOCIAL LOGINS](https://legal.nanonets.com/privacy#6-how-do-we-handle-your-social-logins)" for further information. * To post testimonials. We post testimonials on our Website that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at and be sure to include your name, testimonial location, and contact information. * Request feedback. We may use your information to request feedback and to contact you about your use of our Website. * To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent. * To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order. * To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies. * To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention). * To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract. * To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond. * Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website. * To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services. * To send you marketing and promotional communications. We may use the business contact information you provide to us directly for our marketing purposes, if this is in accordance with your marketing preferences. We do not use Google user data, or the contents of documents you process in the Services, for this purpose. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "[WHAT ARE YOUR PRIVACY RIGHTS](https://legal.nanonets.com/privacy#11-what-are-your-privacy-rights)" below). * Advertise our own products to website visitors. We may use information collected through cookies on our marketing website to display Nanonets advertising to website visitors and to measure its effectiveness. This applies only to marketing website data. We do not use Google user data for this purpose.
#### 3. WILL YOUR INFORMATION BE SHARED WITH ANYONE? In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. We may process or share your data that we hold based on the following legal basis: * Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose. * Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. * Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract. * Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements). * Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we may need to process your data or share your personal information in the following situations: * Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Where such a transfer would include Google user data received through Google APIs, we will obtain your prior explicit consent before the transfer takes place. * Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, cloud hosting, email delivery, error monitoring and customer support. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. This tracking applies to our marketing website only. No third party is permitted to access or receive Google user data through advertising, analytics or tracking technologies. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. * Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. * Business Partners. Where you ask us to, we may share your business contact information with an implementation or reseller partner working on your account. We do not share Google user data, or the contents of documents you process in the Services, with business partners.
#### 4. WHO WILL YOUR INFORMATION BE SHARED WITH? In Short: We only share information with the following third parties. We only share and disclose your information with the following third parties. We have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "[HOW CAN YOU CONTACT US ABOUT THIS NOTICE?](https://legal.nanonets.com/privacy#15-how-can-you-contact-us-about-this-notice)". The categories below describe recipients of website, account and billing information. Google user data received through Google APIs is disclosed only to the cloud infrastructure providers listed under "Cloud Computing Services" and to the model providers listed in our subprocessor register, and only to operate the feature you connected. It is not disclosed to any recipient listed under "Advertising on our marketing website", "Content Optimization" or "Web and Mobile Analytics". * Advertising on our marketing website Google AdSense and Bing Ads * Allow Users to Connect to Their Third-Party Accounts Google account * Cloud Computing Services Microsoft Azure, Amazon Web Services (AWS) and Google Cloud Platform * Communicate and Chat with Users Intercom * Content Optimization YouTube video embed * Data Backup and Security Google Drive Backup and Dropbox Backup * Invoice and Billing Stripe * User Account Registration and Authentication Google OAuth 2.0 and Auth0 * Web and Mobile Analytics Google Analytics, HubSpot Analytics and Smartlook #### 5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES? In Short: We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice. #### 6. HOW DO WE HANDLE YOUR SOCIAL LOGINS? In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you. Our Services offer you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform. We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Website. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps. #### 7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY? In Short: We may transfer, store, and process your information in countries other than your own. Our servers are located in the United States, the EU, and India. If you are accessing our Website from outside these countries, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in the United States, the EU, India, and other countries. If you are a resident in the European Economic Area, UK and Switzerland, then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law. Nanonets complies with the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (“Swiss-U.S. DPF”) as set forth by the U.S. Department of Commerce. Nanonets has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (“EU-U.S. DPF Principles”) with regards to the processing of personal information received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Nanonets has also certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (“Swiss-U.S. DPF Principles”) with regards to the processing of personal information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (“DPF”) program, and to view our certification, please visit[ https://www.dataprivacyframework.gov/](https://www.dataprivacyframework.gov/). This Privacy Policy sets out: * The types of individuals about whom Nanonets collects personal information * The types of personal information Nanonets collects * The purposes for which Nanonets processes personal information * The recipients to whom Nanonets discloses personal information * Your privacy rights and how to exercise them; and * How we can be contacted Complaints In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Nanonets commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU and UK and Swiss individuals with inquiries or complaints regarding our handling of personal information received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF should first contact Nanonets at: Dispute resolution In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Nanonets commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (“DPAs”) and the UK Information Commissioner’s Office (“ICO”) and the Gibraltar Regulatory Authority (“GRA”) and the Swiss Federal Data Protection and Information Commissioner (‘FDPIC”) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF. Jurisdiction The Federal Trade Commission has jurisdiction over Nanonets' compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF. Disclosures to public authorities Nanonets may, from time to time, be required to disclose personal information it receives under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Liability for onward transfers Nanonets is liable for the processing of personal information it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on its behalf. Nanonets shall remain liable under the DPF Principles if its agent processes such personal information in a manner inconsistent with the DPF Principles, unless Nanonets proves that it is not responsible for the event giving rise to the damage. #### 8. HOW LONG DO WE KEEP YOUR INFORMATION? In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. Retention and deletion of Google user data received through Google APIs is governed by Section 17 of this notice.
#### 9. HOW DO WE KEEP YOUR INFORMATION SAFE? In Short: We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. These measures include encryption of data in transit using TLS 1.2 or higher and encryption at rest using AES 256-bit encryption, access controls based on job function, and an information security program certified to ISO/IEC 27001:2022 with an annual SOC 2 Type II examination. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment. #### 10. DO WE COLLECT INFORMATION FROM MINORS? In Short: We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18, or that you are the parent or guardian of such a minor and consent to that minor's use of the Website. If we learn that we have collected personal information from a user under 18 years of age, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from a user under 18 years of age, please contact us at . #### 11. WHAT ARE YOUR PRIVACY RIGHTS? In Short: In some regions, such as the European Economic Area and the UK and Switzerland, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time. In some regions (like the European Economic Area, UK and Switzerland), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please email us at . We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. If you are a resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:[ https://ec.europa.eu/info/law/law-topic/data-protection\_en](https://ec.europa.eu/info/law/law-topic/data-protection_en) If you are a resident in the United Kingdom, you may complain to the Information Commissioner's Office at . If you are a resident in Switzerland, the contact details for the data protection authorities are available here:[ https://www.edoeb.admin.ch/edoeb/en/home.html](https://www.edoeb.admin.ch/edoeb/en/home.html).
Nanonets commits to arbitrate claims and follow the terms as set forth in Annex I of the DPF Principles , provided that an individual has invoked binding arbitration by delivering notice to our organization and following the procedures and subject to conditions set forth in Annex I of Principles .
If you have questions or comments about your privacy rights, you may email us at . Account Information If you would at any time like to review or change the information in your account or terminate your account, you can: * Contact us using the contact information provided. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit[ http://www.aboutads.info/choices/](http://www.aboutads.info/choices/). Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may: * Contact us using the contact information provided. #### 12. CONTROLS FOR DO-NOT-TRACK FEATURES Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. **13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?** In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information. California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.). CCPA Privacy Notice The California Code of Regulations defines a "resident" as: (1) every individual who is in the State of California for other than a temporary or transitory purpose and(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information. What categories of personal information do we collect? We have collected the following categories of personal information in the past twelve (12) months:
|


Category




|


Examples




|


Collected




| | ------------------------------------------------------------------------------------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------- | | A. Identifiers | Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name |


YES



| | B. Personal information categories listed in the California Customer Records statute | Name, contact information, education, employment, employment history and financial information |


YES



| | C. Protected classification characteristics under California or federal law | Gender and date of birth |


NO



| | D. Commercial information | Transaction information, purchase history, financial details and payment information |


YES



| | E. Biometric information | Fingerprints and voiceprints |


NO



| | F. Internet or other similar network activity | Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements |


YES



| | G. Geolocation data | Device location |


YES



| | H. Audio, electronic, visual, thermal, olfactory, or similar information | Images and audio, video or call recordings created in connection with our business activities |


YES



| | I. Professional or employment-related information | Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us |


NO



| | J. Education Information | Student records and directory information |


NO



| | K. Inferences drawn from other personal information | Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics |


YES



| Categories F and K relate to marketing website analytics only. Neither is collected from, nor derived from, Google user data received through Google APIs. We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of: * Receiving help through our customer support channels; * Participation in customer surveys or contests; and * Facilitation in the delivery of our Services and to respond to your inquiries. How do we use and share your personal information? More information about our data collection and sharing practices can be found in this privacy notice. You may contact us by email at , or by referring to the contact details at the bottom of this document. If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else? We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf. The current list of our service providers can be found in below. We use personal information only for the business purposes described in this notice, and we do not sell personal information. We do not use Google user data received through Google APIs, or any data derived from it, for research, product development, model training, benchmarking or demonstration purposes. Nano Net Technologies Inc. has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months: * Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information. No Google user data received through Google APIs has been disclosed to any third party for a business or commercial purpose. The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "[WHO WILL YOUR INFORMATION BE SHARED WITH?](https://legal.nanonets.com/privacy#4-who-will-your-information-be-shared-with)". Your rights with respect to your personal data Right to request deletion of the data - Request to delete You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities. Right to be informed - Request to know Depending on the circumstances, you have a right to know: * whether we collect and use your personal information; * the categories of personal information that we collect; * the purposes for which the collected personal information is used; * whether we sell your personal information to third parties; * the categories of personal information that we sold or disclosed for a business purpose; * the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and * the business or commercial purpose for collecting or selling personal information. In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights We will not discriminate against you if you exercise your privacy rights. Verification process Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you. Other privacy rights * you may object to the processing of your personal data * you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data * you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA. * you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission. To exercise these rights, you can contact us by email at , or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you. #### 14. DO WE MAKE UPDATES TO THIS NOTICE? In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information. #### 15. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? If you have questions or comments about this notice, you may contact the office of our Data Protection Officer (DPO) by email at , by phone at +1-650-381-0077, or by post to: Nano Net Technologies Inc., Office of Data Protection Officer, 2261 Market St, #4010, San Francisco, CA 94114, United States #### 16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact: . We will respond to your request within 30 days. #### 17. GOOGLE USER DATA, GOOGLE WORKSPACE APIs, AND LIMITED USE **Scope and precedence.** This section applies to all data Nanonets accesses, collects, uses, stores, or transfers from Google APIs, including Google Workspace APIs such as Gmail and Google Drive ("Google user data"), whether accessed interactively by a user or by an automated workflow acting on a user's behalf. This section takes precedence over every other section of this notice. Where any other provision conflicts with this section in respect of Google user data, this section governs. **Limited Use commitment.** Nanonets' use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. The use of raw or derived user data received from Google Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements. **How Nanonets accesses Google user data.** Nanonets accesses Google user data only after a user connects their Google account and explicitly configures the Services to do so. Access is confined to the resources the user designates: the email messages and attachments matching the labels or filters the user configures in Gmail, and the files, folders, and file metadata the user selects in Google Drive. Access occurs only in response to a user action or a trigger the user has configured. Access is used solely to perform the task the user has configured: retrieving the designated documents, extracting and structuring data from them, presenting the results to the user for review within Nanonets, and writing the results to the destination the user has designated. **How we store and protect Google user data.** Google user data is stored within the Nanonets production environment in the region associated with the customer's account. It is encrypted in transit using Transport Layer Security version 1.2 or higher and encrypted at rest using AES 256-bit encryption. OAuth access tokens and refresh tokens are encrypted at rest and are not written to logs in plaintext. Access is restricted by job function under our Access Control Policy. Nanonets operates an information security management system certified to ISO/IEC 27001:2022 and undergoes an annual SOC 2 Type II examination. **Artificial intelligence and machine learning.** Nanonets does not retain or use Google user data to develop, improve, or train generalised, non-personalised, or foundational artificial intelligence or machine learning models. Google user data is not included in any training, fine-tuning, evaluation, or benchmarking dataset for such models. It is not used to improve accuracy, models, prompts, or system behaviour for any other customer or tenant. No model weights, embeddings, examples, or learned parameters derived from one customer's Google user data are made available to any other customer. Where a customer instructs Nanonets to train or refine an extraction model for their own account, including by correcting extracted results, that model is personalised to that customer's account, exists solely to deliver the feature the customer requested, is stored within that customer's own tenant, and is never used to serve any other customer or to build a general-purpose model. The customer may delete the model and its underlying data from their account at any time. **Derived data.** Data derived from Google user data, including extracted fields, embeddings, and vector representations, is treated as Google user data under this section and is subject to the same restrictions on use, transfer, and retention. **Retained context.** Where the Services retain context between runs to perform a configured task, that context is stored within the authorising customer's own tenant, is accessible only to that customer, and is used only to perform that customer's configured tasks. **Model providers and other subprocessors.** Processing may transmit Google user data to the third-party model providers and infrastructure providers strictly necessary to perform the configured task. These providers act as our subprocessors under written contract, are prohibited from retaining the data beyond what is required to return a response, and are prohibited from using it to train or improve their own models. Our current subprocessors are listed at . **Outputs and destinations.** Where the Services write output to a destination the user has configured, including third-party systems such as an ERP, accounting system, or messaging platform, that transfer occurs at the user's own direction and is limited to the output the user configured the Services to produce. **What we do not do.** We do not use Google user data for advertising, retargeting, personalised or interest-based advertising, market research, or lead generation. We do not use it to send marketing or promotional communications. We do not sell, rent, or trade it, and we do not transfer it to advertising platforms, data brokers, or information resellers. We do not use or transfer it to determine credit-worthiness or for lending purposes. We do not build databases from it. We do not permit third-party advertising, analytics, or tracking technologies to access it. We do not enrich or combine it with data from public databases, data providers, or marketing partners. We do not use it in product demonstrations, sales materials, or sample datasets. **Logs.** Operational logs may contain Google user data. These logs are access-controlled, are used only to operate, debug, and secure the Services for the customer concerned, and are retained for no longer than 90 days. **Human access.** Nanonets personnel do not read Google user data except: with the user's affirmative agreement to view specific messages or files, for example to resolve a support request the user has raised; where necessary for security purposes such as investigating abuse or a defect; to comply with applicable law; or where the data has been aggregated and de-identified for internal operations. Such access is logged. **Retention, revocation, and deletion.** Google user data is retained only for as long as necessary to deliver the task the user has configured and for as long as the user's Google account remains connected to their Nanonets workspace. Disconnecting a Google account halts all access immediately and deletes the stored OAuth tokens. Users may revoke Nanonets' access at any time from their Google Account permissions page at , and may request deletion of Google user data already processed into their workspace by contacting . Deletion requests are actioned within 30 days. **Transfers.** We transfer Google user data only: to the subprocessors described above, as necessary to provide the features visible and prominent in the Nanonets user interface; at the user's direction; for security purposes such as investigating abuse; to comply with applicable law or regulation; or as part of a merger, acquisition, or sale of assets, and in that case only after obtaining the user's prior explicit consent. \
# Third Party Subprocessors Subprocessors of Nano Net Technologies Inc. Effective day 2nd Dec 2020 Nanonets currently uses third party subprocessors to provide core infrastructure services and customer support. Prior to engaging any third party subprocessor, Nanonets evaluates their privacy, security, and confidentiality practices, and executes an agreement implementing its applicable obligations. ## Core Infrastructure Subprocessors Nanonets may use the following subprocessors for hosting customer data and providing or supporting the core infrastructure that helps deliver the Nanonets services: | **Subprocessor Name** | **Purpose** | **Entity Country** | | ------------------------------------------------- | -------------------- | ------------------ | | [Amazon Web Services](https://aws.com) | Cloud infrastructure | USA | | [Google Cloud Services](https://cloud.google.com) | Cloud Infrastructure | USA | | [Microsoft Azure](https://azure.microsoft.com) | Cloud Infrastructure | USA | | [Sendgrid](https://sendgrid.com) | Transactional email | USA | | [Auth0](https://auth0.com) | Authentication | USA | | [Imgix](https://imgix.com) | Content Delivery | USA | ## Other Subprocessors Nanonets may use the following subprocessors to perform other service functions: | **Subprocessor Name** | **Purpose** | **Entity Country** | | ------------------------------------------------ | ------------------------- | ------------------ | | [Zendesk](https://www.zendesk.com/) | Customer support services | USA | | [Intercom](https://intercom.com) | Customer support services | USA | | [Gsuite](https://gsuite.google.com) | Customer support services | USA | | [Hubspot](https://hubspot.com) | Customer support services | USA | | [Airtable](https://airtable.com) | Customer support services | USA | | [Google Analytics](https://analytics.google.com) | Analytics | USA | | [Smartlook](https://smartlook.com) | Analytics | USA | | [Slack](https://slack.com) | Internal Communication | USA | | [Zapier](https://zapier.com) | Internal Automation | USA | To **subscribe** to notifications about changes to subprocessors, please fill out [this form](https://airtable.com/shrVQGFOfrpBXgYgr) To **unsubscribe** to notifications about changes to subprocessors, please fill out [this form](https://airtable.com/shrTzeYQFlX9bET7u) *Effective date: Dec 2, 2020* # GDPR at Nanonets GDPR at Nano Net Technologies Inc. Effective day 2nd Dec 2020 Privacy and security have always been the foundation of Nanonets's approach to product development and business, and we continuously evaluate all our practices in an effort to safeguard your information as effectively as possible. In that vein, we're glad to comply with the The General Data Protection Regulation ("GDPR") and to help Nanonets' customers comply with the GDPR. ### What is GDPR? On May 25, 2018, the General Data Protection Regulation (GDPR) will officially take effect. For European individuals, the GDPR expands their data privacy rights and gives them more power to control their data. For companies that process the personal data of these European individuals, the GDPR requires compliance with a new set of regulations.\ \ The GDPR outlines specific requirements that these companies must satisfy, as well as specific rights that European individuals can exercise with these companies. Further information on the GDPR is available on the European Union’s official website: . ### Data processing agreement {% content-ref url="/pages/-MNYro\_xiPTFjPJl-iGl" %} [How to view or sign our DPA (Data Processing Agreement)](/dpa) {% endcontent-ref %} ### Features to support GDPR requirements Nanonets can help you meet your data portability requirements for the GDPR. You can easily easily request for permanent deletion of all data my sending an email to ### Data Protection Officer We have appointed a Data Protection Officer. For more information, contact . ### Updates to our Privacy Policy We've added additional language to our privacy policy in order to reinforce our commitment to privacy, security, and confidentiality. The privacy policy that will be effective May 25, 2018 can be found at [Privacy Policy](/privacy) ### Questions? If you have further questions, please reach out to # How to view or sign our DPA (Data Processing Agreement) How to Sign a DPA with Nano Net Technologies Inc. Effective day 2nd Dec 2020 If Nanonets will process your personal data or personal information, you can digitally view and sign a copy of our DPA, or Data Processing Agreement. In the form you'll need to add the following information: * Company name * Company address * Name and position at your company No further customization is available at this time except for enterprise clients who can reach out directly to our support team. You can download a copy for review from the link below, any signature made on this document without a counter signature from Nanonets will not be binding {% file src="/files/CBQ3yo2yz3RmQnIHUe7q" %} # How to view or sign our NDA (Non Disclosure Agreement) How to Sign an NDA with Nano Net Technologies Inc. Effective day 2nd Dec 2020 If Nanonets will process your personal data or personal information, you can digitally view and sign a copy of our NDA, or Non Disclosure Agreement, by [clicking on this link](https://nanonets.com/nda). In the electronic form you'll be able to add the following information: * Company name * Company address * Name and position at your company No further customization is available at this time except for enterprise clients who can reach out directly to our support team. You can download a copy for review from the link below, any signature made on this document without a counter signature from Nanonets will not be binding {% file src="/files/IKCrbLxJ8LdsP6GZhfSy" %} # Security Security Policy at Nano Net Technologies Inc. Effective day 10th June 2021 ### Overview At Nanonets we take the protection of customer data extremely seriously. This Nanonets Security Policy describes the organizational and technical measures Nanonets implements platform wide designed to prevent unauthorized access, use, alteration or disclosure of customer data. The Nanonets services operate on Amazon Web Services (“AWS”); this policy describes activities of Nanonets within its instance on AWS unless otherwise specified. As you continue to learn more about Nanonets we recommend you also review our [Terms of Service](/terms) and [Privacy Policy](/privacy). ### Security Team Our infrastructure and security team includes people who’ve played lead roles in designing, building, and operating highly secure Internet facing systems at companies ranging from startups to large public companies. ### Best Practices Incident Response Plan * We have implemented a formal procedure for security events and have educated all our staff on our policies. * When security events are detected they are escalated to our emergency alias, teams are paged, notified and assembled to rapidly address the event. * After a security event is fixed we write up a post-mortem analysis. * The analysis is reviewed in person, distributed across the company and includes action items that will make the detection and prevention of a similar event easier in the future. * Nanonets will promptly notify you in writing upon verification of a security breach of the Nanonets services that affects your data. Notification will describe the breach and the status of Nanonets’s investigation. You can see more details about our incident reponse plan here Build Process Automation * We have functioning, frequently used automation in place so that we can safely and reliably rollout changes to both our application and operating platform within minutes. * We typically deploy code dozens of times a day, so we have high confidence that we can get a security fix out quickly when required. ### Infrastructure * All of our services run in the cloud. Nanonets does not run our own routers, load balancers, DNS servers, or physical servers. * All of our services and data are hosted in AWS and GCP facilities and protected by AWS and GCP security, as described at and . Nanonets services have been built with disaster recovery in mind. * All of our servers are within our own virtual private cloud (VPC) with network access control lists (ACL’s) that prevent unauthorized requests getting to our internal network. * Nanonets uses a backup solution for datastores that contain customer data. ### Data * All customer data is stored in the USA. * Customer data is stored in multi-tenant datastores; we do not have individual datastores for each customer. However strict privacy controls exist in our application code that are designed to ensure data privacy and to prevent one customer from accessing another customer’s data (i.e., logical separation). We have many unit and integration tests in place to ensure these privacy controls work as expected. These tests are run every time our codebase is updated and even one single test failing will prevent new code being shipped to production. * Each Nanonets system used to process customer data is adequately configured and pathed using commercially-reasonable methods according to industry-recognized system-hardening standards. * Nanonets engages certain subprocessors to process customer data. These subprocessors are listed here: [List of Subprocessors](/subprocessors), as may be updated by Nanonets from time to time. ### Data Transfer * All data sent to or from Nanonets is encrypted in transit using 256-bit encryption. * Our API and application endpoints are TLS/SSL only and score an "A+" rating on SSL Labs' tests. This means we only use strong cipher suites and have features such as HSTS and Perfect Forward Secrecy fully enabled. * We also encrypt data at rest using an industry-standard AES-256 encryption algorithm. ### Authentication * Nanonets is served 100% over https. * There are no corporate resources or additional privileges from being on Nanonets’s network. * We have two-factor authentication (2FA) and strong password policies on Google, AWS to ensure access to cloud services are protected. ### Permissions and Admin Controls * Nanonets enables permission levels to be set for any employees with access to Nanonets. * Permissions and access can be set to include app settings, billing, user data, or the ability to send/edit manual messages and auto messages. ### Application Monitoring * On an application level, we produce audit logs for all activity, ship logs to our service providers for analysis, and use S3/Glacier for archival purposes. * All access to Nanonets applications is logged and audited. * Bastion hosts are used to login to devices. * All actions taken on production consoles or in the Nanonets application are logged. ### Security Audits and Certifications * We bi-annually engage with well-regarded third-party auditors to audit our code-base, and work with them to resolve potential issues. * We use technologies to provide an audit trail over our infrastructure and the Nanonets application. Auditing allows us to do ad-hoc security analysis, track changes made to our setup and audit access to every layer of our stack. * Nanonets is SOC 2 compliant and ISO/IEC 27001 certified, with independently attested SOC 2 Type I and Type II reports available upon request. To obtain copies of these reports, please [sign our NDA](https://nanonets.com/nda) and contact . * Information about AWS security certifications and obtaining copies of security reports from AWS is available at All payment instrument processing for purchase of the Nanonets services is performed by Stripe. For more information on Stripe’s security practices, please see . ### Customer Responsibilities * Managing your own user accounts and roles from within the Nanonets services. * Protecting your own account and user credentials by using two-factor authentication for all of your employees accessing the Nanonets services. * Compliance with the terms of your services agreement with Nanonets, including with respect to compliance with laws. * Promptly notifying Nanonets if a user credential has been compromised or if you suspect possible suspicious activities that could negatively impact security of the Nanonets services or your account. * You may not perform any security penetration tests or security assessment activities without the express advance written consent of Nanonets. # Support Policy Support Policy at Nano Net Technologies Inc. Effective day 2nd Dec 2020 This Nanonets Support Policy ("**Support Policy**") accompanies the Nanonets Subscription Terms of Service, available at [Terms of Service](/terms) or a successor URL (the "**Agreement**") entered into between you ("**Customer**") and Nanonets. Capitalized terms used in this Support Policy that are not defined herein have the meanings given to them in the Agreement. Nanonets offers support services for the Service ("**Support** ") in accordance with the following terms: A. **Support Hours**. Support is provided 24 hours per day, 7 days per week. B. **Incident Submission and Customer Cooperation**. Customer may report errors or abnormal behavior of the Service ("**Incidents**") by contacting Nanonets via email at . Customer will provide information and cooperation to Nanonets as reasonably required for Nanonets to provide Support. This includes, without limitation, providing the following information to Nanonets regarding the Incident: * Aspects of the Service that are unavailable or not functioning correctly * Incident's impact on users * Start time of Incident * List of steps to reproduce Incident * Relevant log files or data * Wording of any error message C. **Incident Response**. Nanonets's Support personnel will assign a priority level ("**Priority Level**") to each Incident and seek to provide responses in accordance with the table below. | **Priority Level** | **Description** | **Target Response Times** | | ------------------ | --------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------- | | Priority 1 | Operation of the Service is critically affected (not responding to requests or serving content) for a large number of users; no workaround available. | 2 Hours | | Priority 2 | Service is responding and functional but performance is degraded, and/or Incident has potentially severe impact on operation of the Service for multiple users. | 1 Day | | Priority 3 | Non-critical issue; no significant impact on performance of the Service but user experience may be affected. | 3 Days | D. **Exclusions.** Nanonets will have no obligation to provide Support to the extent an Incident arises from: (a) use of the Service by Customer in a manner not authorized in the Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Nanonets's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; or (d) third party systems, acts or omissions. # Acceptable Usage Policy Acceptable Usage Policy at Nano Net Technologies Inc. Effective day 2nd Dec 2020 This Acceptable Use Policy applies to Nanonets’s (a) websites (including without limitation [www.nanonets.com](https://nanonets.com), [app.nanonets.com](https://app.nanonets.com) and any successor URLS, mobile or localized versions and related domains and subdomains) and (b) communications and messaging products and services ((a) and (b) collectively, “Services”). To keep the Services running safely and smoothly, we need our users to agree not to misuse them. Specifically, you agree not to: 1. probe, scan, or test the vulnerability of any system or network used with the Services; 2. tamper with, reverse engineer or hack the Services, circumvent any security or authentication measures of the Services or attempt to gain unauthorized access to the Services (or any portion thereof) or related systems, networks or data; 3. modify or disable the Services or use the Services in any manner that interferes with or disrupts the integrity or performance of the Services or related systems, network or data; 4. access or search the Services by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; 5. overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the Services that consume extraordinary resources, such as by: (i) using “robots,” “spiders,” “offline readers” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation; 6. solicit any users of our Services for commercial purposes; 7. use the Services to generate or send unsolicited communications, advertising or spam, or otherwise cause Nanonets to become impaired in its ability to send communications on its own or on its customers’ behalf (e.g., by causing Nanonets to become registered on any Email DNS blocked list or otherwise be denied services by any other third party communications service provider); 8. misrepresent yourself or disguise the origin of any data, content or other information you submit (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Nanonets or any third party) or access the Services via another user’s account without their permission; 9. use the Services for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws); 10. use the Services to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our Services; 11. use the Services to stalk, harass, bully or post threats of violence against others; 12. submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes Nanonets’s or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in Nanonets’s discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to Nanonets or any third party; 13. promote or advertise products or services other than your own without appropriate authorization; 14. use meta tags or any other “hidden text” including Nanonets’s or our suppliers’ product names or trademarks; or 15. permit or encourage anyone else to commit any of the actions above. Without affecting any other remedies available to us, Nanonets may permanently or temporarily terminate or suspend a user’s account or access to the Services without notice or liability if Nanonets (in its sole discretion) determines that a user has violated this Acceptable Use Policy. # How We Bill Billing Policy at Nano Net Technologies Inc. Effective day 2nd Dec 2020 ### Billing cycle You are billed monthly for each app based on: 1. the Nanonets products in your subscription, 2. the plan you select (i.e., Pro or Enterprise etc), and 3. the number of Models you are using. 4. the number of API calls you make to these models These are the “Pricing Metrics” that are used to calculate your bill. We bill you each month in advance based on what your Pricing Metrics were on the last day of the prior month. ### Overages and credits We know that your usage, however, may change. If you increase or decrease the number of API calls or Models, which Nanonets products or plans you use, we may charge you overages or issue you credits. These charges or credits will be based on how and when your Pricing Metrics changed over the course of the last month. ### Estimating your upcoming invoice You can see your current monthly fee for each app when you first sign up and any time after that in your Billing Settings (available through your dashboard). To estimate any overage charges or credits based on changes in your Pricing Metrics. # Employee Code of Conduct Code of Conduct at Nano Net Technologies Inc. Effective Dec 2nd 2020 #### **Nanonets strives to be a company that lives its values every day.** ### Humanity *Humanity and Dignity* Nanonets respects the protection of internationally proclaimed human rights. Nanonets is committed to upholding the fundamental human rights of our employees, and we expect our vendors, partners, and others who provide services on behalf of Nanonets to adhere to the same high standards. Nanonets rejects all forms of child, forced, or slave labor and prohibits unlawful discrimination. *Equal Opportunity Employment* It’s our belief that all people are entitled to equal employment opportunities. Nanonets assures equal treatment in the administration of all personnel matters from recruitment to compensation and advancement without regard to race, color, creed, sex, gender, religion, marital status, veteran or military status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition, genetic information, sexual orientation, taking or requesting statutorily protected leave, or any other consideration made unlawful by federal, state, or local laws (the “Protected Categories”). Nanonets does not tolerate illegal discrimination or harassment of any kind. *Health and Safety* Nanonets is committed to protecting the health and safety of our employees, visitors, and the public. This includes a commitment to environmentally sustainable practices and promoting the sustainable use of resources. All employees, contractors, consultants and others are expected to comply with health and safety laws and Nanonets policies. Nanonets does not tolerate any level of violence or the threat of violence in the workplace. Under no circumstances may anyone bring a firearm, explosive or other dangerous weapon or substance to work, to any Nanonets-sponsored events, or to any off-site location where Nanonets business is conducted. In the event of potential violence or a dangerous situation, immediately contact local law enforcement and report it promptly to the Workplace Team, People Team or our Legal Team. ### Ethics In performing their job duties, Nanonets employees should always act lawfully, ethically, and in the best interests of Nanonets. Employees who are unsure whether their conduct or the conduct of their coworkers complies with the Code of Conduct or applicable laws should contact their manager, the People Team, or the Legal Team. *Conflicts of Interest* In performing their job duties, employees are expected to use their judgment to act, at all times and in all ways, in the best interests of Nanonets. A "conflict of interest" exists when an employee's personal interest interferes with the best interests of Nanonets. For example, a conflict of interest may occur when an employee or a family member receives a personal benefit as a result of the employee's position with Nanonets. A conflict of interest may also arise from an employee's business or personal relationship with a customer, supplier, competitor, business partner, or other employee, if that relationship impairs the employee's objective business judgment, such as if an employee accepts employment, advisory positions, board seats, or similar affiliations with Nanonets’s competitors, customers, vendors, or partners. Employees should attempt to avoid conflicts of interest and employees who believe a conflict of interest may exist should promptly notify the Legal Team. The Legal Team will consider the facts and circumstances of the situation to decide whether corrective or mitigating action is appropriate. Likewise, the Legal Team will be able to provide approval to employees for activities where appropriate review deems that no conflict of interest will be created. *Accepting Gifts, Entertainment, and Other Business Courtesies* Accepting gifts, entertainment and other business courtesies from a competitor, customer, vendor or business partner often creates the appearance of a conflict of interest, especially if the item is lavish. Generally, acceptance of inexpensive “token” non-cash gifts is permissible. In addition, infrequent and moderate business meals and entertainment with outside companies can be appropriate aspects of many Nanonets business relationships, provided they aren’t excessive, don’t create the appearance of impropriety and further the business relationship between Nanonets and the other company. As this is an area of intense scrutiny, subject to significant civil and criminal penalties and may run counter to Nanonets’s values and ethical practices, it is strongly recommended that before accepting any gift or courtesy, you consult with Legal and be mindful that you may need to obtain manager or Legal’s approval in advance. *Price Fixing* Employees may not discuss prices or make any formal or informal agreement with any competitor regarding prices, discounts, business terms, or the market segments and channels in which Nanonets competes, where the purpose or result of such discussion or agreement would be inconsistent with applicable antitrust laws. If you have any questions about this section or the applicable antitrust laws, please contact the Legal Team. *Bribery; Payments to Government Personnel* Employees may not bribe anyone for any reason, whether in dealings with governments or the private sector. The U.S. Foreign Corrupt Practices Act and UK Anti Bribery Act, and similar laws in other countries, prohibit offering or giving anything of value, directly or indirectly, to government officials or other individuals in order to obtain or retain business. Employees may not make illegal payments to government officials themselves or through a third party. Employees who are conducting business with the government officials of any country must contact the Legal Team for guidance on the law governing payments and gifts to governmental officials. *Recordkeeping, Reporting, and Financial Integrity* Nanonets's books, records, accounts and financial statements must be maintained in appropriate detail, must properly reflect the Company's transactions and must conform both to applicable law and to the Company's system of internal controls. Further, Nanonets's public financial reports must contain full, fair, accurate, timely and understandable disclosure as required by law. The Company's financial, accounting and legal teams are responsible for procedures designed to assure proper internal and disclosure controls, and all employees should cooperate with these procedures. ### Reporting Employees are encouraged to speak with anyone in their management chain, the People Team, or the Legal Team when they have a question about the application of the Code of Conduct or when in doubt about how to properly act in a particular situation. You may email or if you prefer anonymity, submit a report via [this form](https://airtable.com/shrpw59bYgDnpRkLQ). We must all work together to respond promptly and consistently to potential violations of our Code of Conduct, but in some situations, it may not be clear whether a violation has occurred. Please keep the following in mind when reporting or determining when to report something: * It’s important to have all of the facts. In order to review a situation and determine the best course of action, we need to be as fully informed as possible. * Ask yourself what you are specifically being asked to do? Does it seem unethical or improper? Listen to your judgment and common sense - if something seems like it’s not ethical or just not right, it probably isn’t. * Clarify your responsibility and your role. In most situations, there’s a shared responsibility. Have your colleagues been informed? * Discuss the issue with your manager. In many cases, your manager will likely have prior knowledge or additional context related to the situation, and they’ll appreciate being brought into the decision-making process. They’ll also be in a position to help you escalate to People or Legal if needed. Nanonets will not allow retaliation against an employee for reporting misconduct by others in good faith. Employees must cooperate in internal investigations of potential or alleged misconduct. Employees who violate the Code of Conduct will be subject to disciplinary action up to and including termination. Please note that certain violations of this Code may also be subject to civil or criminal prosecution by governmental authorities or others. # Service Level Agreement Service Level Agreement with Nano Net Technologies Inc. Effective 2nd Dec 2020 This Nanonets Service Level Agreement ("SLA") accompanies the Nanonets Subscription Terms of Service, available at [terms of service](/terms) or a successor URL (the "Agreement") entered into between you ("Customer") and Nanonets. Capitalized terms used in this SLA that are not defined herein have the meanings given to them in the Agreement. ### **Target Availability.** Nanonets will use commercially reasonable efforts to make each Service available with an uptime of 99.5% of each calendar month ("Target Availability"). ### **Exclusions.** The calculation of uptime will not include unavailability to the extent due to: (a) use of the Service by Customer in a manner not authorized in this Agreement or the applicable Documentation; (b) general Internet problems, force majeure events or other factors outside of Nanonets's reasonable control; (c) Customer's equipment, software, network connections or other infrastructure; (d) third party systems, acts or omissions; or (e) Scheduled Maintenance or reasonable emergency maintenance. ### **Scheduled Maintenance.** "Scheduled Maintenance" means Nanonets's scheduled routine maintenance of the Services for which Nanonets notifies Customer at least twenty-four (24) hours in advance. Scheduled Maintenance will not exceed eight (8) hours per month. Nanonets typically performs Scheduled Maintenance once per month. ### **Remedy for Failure to Meet Target Availability.** If there is a verified failure of a Service to meet Target Availability in two (2) consecutive months, then Customer may terminate the applicable Subscription Term by sending written notice of termination within thirty (30) days after the end of the second such month, in which case Nanonets will refund to Customer any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. This termination and refund right is Customer's sole and exclusive remedy, and Nanonets's sole and exclusive liability, for Nanonets's failure to meet the Target Availability. # Policy on Exceeding Contractual Limits: Procedures and Consequences In the case of annual/multi-year contracts ### Policy When customers exceed their contractual limits in terms of usage or service term, it is essential to establish clear procedures and consequences to maintain service integrity while ensuring compliance with the terms of the contract. This document outlines the steps that will be taken in such scenarios. ### 1. Initial Warning Period Upon exceeding the agreed-upon limits, customers will receive a warning notification on the Nanonets Platform and email. This notification will include: * Duration: A specified warning/grace period (7 days). * Opportunity to Renew: Customers will have the chance to renew their contract or adjust their usage to comply with the limits This step aims to provide customers with a clear understanding of their current status and options available to them. ### 2. Degraded Performance Phase If the customer fails to take action during the warning period, services will transition into a degraded performance phase. This phase will last 15 days after the warning period and includes: * Reduced Throughput: Services will continue to operate but at a reduced throughput * Notification: Customers will be notified of their current service level and reminded of the need to renew their contract. This phase allows for continued access while encouraging compliance without completely shutting down services. ### 3. Complete Shutdown Should the customer continue to exceed their contractual limits without resolution past Phase 2, a complete shutdown of services will occur. This includes: * No Access: Services will be entirely suspended, and customers will not receive any responses or support until compliance is restored. * Final Notification: A final notice will be sent informing them of the shutdown and the steps required for reinstatement. This measure protects both parties' interests and reinforces the importance of adhering to contractual agreements.
# Nanonets Trustworthy AI Policy Last Modified: August 22, 2025 #### Ethical Use #### Nanonets is committed to **safety, trust, and transparency** in AI development and deployment. We encourage all customers and partners to: * Ensure AI-powered products and services comply with applicable legal and ethical requirements. * Take reasonable steps to identify and mitigate unintended bias and potential harm, especially to underrepresented or vulnerable groups. * Clearly inform users about the nature, intended use, and limitations of AI systems. #### Prohibited Uses #### Nanonets strictly prohibits the use of its products or services for unlawful or harmful purposes, including but not limited to: * **Illegal surveillance** or monitoring. * **Unlawful biometric data collection or processing** without valid consent where required. * **Harassment, abuse, threats, or bullying** of individuals or groups. * **Intentional deception or misleading practices**, including unauthorized impersonation or deepfakes. # Policy on exceeding contractual usage In the case of Annual/Multi-year contracts ### Policy on Exceeding Contractual Limits: Procedures and Consequences ### When customers exceed their contractual limits, it is essential to establish clear procedures and consequences to maintain service integrity while ensuring compliance with the terms of the contract. This document outlines the steps that will be taken in such scenarios. 1. Initial Warning Period Upon exceeding the agreed-upon limits, customers will receive a warning notification on the Nanonets Platform and email. This notification will include: * Duration: A specified warning/grace period (7 days). * Opportunity to Renew: Customers will have the chance to renew their contract or adjust their usage to comply with the limits. This step aims to provide customers with a clear understanding of their current status and options available to them. ### 2. Degraded Performance Phase If the customer fails to take action during the warning period, services will transition into a degraded performance phase. This phase will last 15 days after the warning period and includes: * Reduced Throughput: Services will continue to operate but at a reduced throughput * Notification: Customers will be notified of their current service level and reminded of the need to renew their contract. This phase allows for continued access while encouraging compliance without completely shutting down services. ### 3. Complete Shutdown Should the customer continue to exceed their contractual limits without resolution past Phase 2, a complete shutdown of services will occur. This includes: * No Access: Services will be entirely suspended, and customers will not receive any responses or support until compliance is restored. * Final Notification: A final notice will be sent informing them of the shutdown and the steps required for reinstatement. This measure protects both parties' interests and reinforces the importance of adhering to contractual agreements.