Nectain Document Management Service (DMS) Website Terms of Use

1. Acceptance of Terms

By using this Website, you acknowledge that you have read, understood, and agreed to these Terms. Nectain may update these Terms at any time without prior notice. It is your responsibility to review the Terms periodically for any updates. Continued use of the Website after any modifications constitutes your acceptance of the updated Terms.

2. Purpose of the Website

This Website is provided for informational purposes only. Nectain does not sell products or services directly via this Website. All information related to Nectain’s DMS products and services, including features, functionalities, and demonstrations, is presented for marketing and promotional purposes only. Users may contact Nectain or authorized sales representatives for further inquiries and service arrangements.

3. Intellectual Property Rights

All content, materials, software, trademarks, logos, and intellectual property displayed on this Website (collectively, “Materials”) are the exclusive property of Nectain or its licensors. You may not copy, modify, distribute, or reproduce any part of the Materials without Nectain’s express written permission, except for the limited purpose outlined below.

4. Use of Promotional Materials

Nectain may provide you with demo videos, presentations, or other promotional materials through the Website. These materials are solely for demonstration purposes and remain the property of Nectain. Users are granted a limited right to make one copy of such promotional materials strictly for the purpose of soliciting approval from their supervisor or decision-maker to subscribe to Nectain’s products or services. Any other use, duplication, or distribution is strictly prohibited without prior written consent from Nectain.

5. User Responsibilities

When using this Website, you agree to:

• Use the Website only for lawful purposes;
• Not engage in any conduct that disrupts or interferes with the operation of the Website or the security of the content;
• Not attempt to gain unauthorized access to any systems or networks connected to the Website;
• Not use any automated means (such as scripts, bots, or data scraping tools) to access the Website.

Nectain reserves the right to suspend or terminate your access to the Website at any time if you violate these Terms.

6. Disclaimers

This Website and its content are provided on an “as is” and “as available” basis without any representations or warranties of any kind, either express or implied. Nectain makes no guarantees that the Website will be uninterrupted, secure, or free of errors. Nectain disclaims all liability for any inaccuracies or omissions in the Website content and for any reliance you place on the information provided on the Website.

7. Confidential Information

Nectain’s Website is intended to be a public forum, and by using it, you agree not to provide Nectain, its representatives, or authorized distributors with any confidential or proprietary information that you or the owner of such information do not intend to become public. This applies to any communication initiated through the Website, including but not limited to submissions via the contact form or email communications with Nectain representatives or authorized distributors.

Nectain explicitly warns users not to attach or supply any confidential or proprietary information during initial communications, including inquiries made through the contact form or emails. Any information you provide in these initial communications will be considered non-confidential and non-proprietary, and by submitting such information, you expressly agree that you waive any trade secret or confidentiality rights with respect to that information.

You agree not to reproduce any confidential information to which you are provided access through Nectain communications except as explicitly authorized at the time of disclosure. Any reproduction of confidential information shall remain the property of Nectain or the third party that provided the information, and such reproduction must contain any and all confidential or proprietary notices or legends that appeared on the original. You further agree to:

(a) Take all reasonable steps to maintain the strict confidentiality of all confidential information; (b) Use the confidential information only as authorized at the time of disclosure; and (c) Not disclose any confidential information to any third party without the prior written consent of Nectain or the relevant third-party owner of the information.

You do not acquire any rights in confidential information except for the limited rights expressly granted herein. Under no circumstances shall you use confidential information to create, enhance, modify, rent, lease, loan, sell, distribute, or create derivative works based on Nectain’s products, services, or Website, or to compete with Nectain’s products, services, or Website in whole or in part.

For the purposes of these Terms, “Confidential Information” refers to any trade secrets, intellectual property, or other information that Nectain or third parties protect against unrestricted disclosure, and which is either (i) clearly labeled as confidential and accessed through a restricted or non-public area of the Nectain Website or pursuant to authorized downloads, or (ii) reasonably identifiable as confidential based on the type of information and the circumstances of its disclosure. “Reasonable steps” shall mean the steps you take to protect your own confidential information, which shall not be less than the industry standard of care.

ALL USER CONTENT OR COMMUNICATIONS POSTED OR SENT BY YOU TO NECTAIN, THROUGH INITIAL CONTACT FORM SUBMISSIONS OR EMAIL, IS PROVIDED AT YOUR OWN RISK, AND NECTAIN ASSUMES NO RESPONSIBILITY FOR THE USE OR MISUSE OF SUCH INFORMATION BY NECTAIN REPRESENTATIVES, DISTRIBUTORS, OR OTHER USERS OF THE WEBSITE.

8. Limitation of Liability

To the maximum extent permitted by law, Nectain shall not be liable for any damages, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages, arising from or related to your use of this Website, even if Nectain has been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify and hold harmless Nectain, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of or related to your use of the Website, violation of these Terms, or infringement of any third-party rights.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any disputes arising from or related to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in Austin, Texas.

11. Privacy Policy

Your use of the Website is also governed by Nectain’s Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

12. Links to Third-Party Websites

This Website may contain links to third-party websites for your convenience. Nectain is not responsible for the content or practices of any linked websites. The inclusion of any link does not imply Nectain’s endorsement of the site or its content. Users should review the terms and policies of third-party websites before using them.

13. Export Control

The Nectain Website and any associated services or content may not be accessed or used by individuals or entities from countries or groups against which the United States and/or European Union have instituted sanctions, including but not limited to Iran, Cuba, North Korea, Syria, and Sudan. Additionally, the Website may not be accessed by Specially Designated Nationals, persons listed on the Denied Parties List, or any other proscribed persons. Further restrictions apply to any end user who intends to use content provided on the Nectain Website in connection with the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, sounding rockets, or unmanned air vehicle systems. The Website is also restricted from use by any individual or entity that has been prohibited from participating in U.S. or E.U. export transactions by any governmental authority.

Due to technical limitations that prevent Nectain from verifying the identity and ultimate point of access for users, your access to the Nectain Website, constitutes your express representation that:

1. The person attempting to access the Website is not a national of any sanctioned country or group;
2. The person is not a Specially Designated National or listed on the Denied Parties List;
3. The person has not been prohibited from participating in U.S. or E.U. export transactions; and
4. The use of the Website or its content is not restricted under applicable law.

Users found in violation of these representations may be subject to full prosecution under applicable law.

Access from Outside the United States or European Union

If you access the Nectain Website from outside the United States or European Union, you do so at your own risk. You are solely responsible for compliance with these Terms as well as with all applicable laws, regulations, directives, and codes of the United States, European Union, and the jurisdiction from which you are accessing the Website. This includes compliance with all applicable import and export compliance laws and regulations.

Access from Within the United States

If you access the Nectain Website from within the United States, you agree that your use of the Website and any content provided thereon shall comply with U.S. export control laws and executive orders. Certain information provided through the Website may be deemed controlled technology and subject to export control restrictions imposed by the United States and other jurisdictions.

Compliance Obligation

It is your responsibility to verify and ensure compliance with all applicable laws and regulations of the United States, the European Union, and the country from which you are accessing the Nectain Website, as well as any other relevant jurisdiction involved in the access, transmission, routing, receipt, disclosure, storage, or use of information available on the Website.

14. Entire Agreement

These Terms, together with the Privacy Policy and any other applicable agreements, constitute the entire understanding between you and Nectain with respect to your use of the Website.

15. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect.

16. Waiver

Nectain’s failure to enforce any provision of these Terms shall not be considered a waiver of such provision or any other provision.

17. Contact Information

If you have any questions or concerns regarding these Terms, please contact Nectain at info@nectain.com.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.