Nuaj Master Terms

Version 2026-08-06

These Master Terms govern the relationship between Nuaj Company Inc. ("Nuaj", "we", "us") and the individual or entity that acquires, subscribes to, or uses any Nuaj product (the "Customer", "you").

They are written once and apply to every Nuaj product. What differs between products — the licence itself, what is licensed, how it is metered, what it does and does not do, the support period, and any hardware — is set out in that product's End User License Agreement, which is the only per-product agreement. These Master Terms carry everything else.

You accept these Master Terms and the EULA for the product you are entering. Both are recorded, as described in Acceptance, Authority, and Records below.

Identification of the Provider

Nuaj Company Inc.
8250 Lawson Rd., Suite 201
Milton, Ontario L9T 5C6
Canada

General and legal enquiries: legal@nuaj.com
Billing and account enquiries: support@nuaj.com
Privacy enquiries: privacy@nuaj.com
Security reports: security@nuaj.com

This is Nuaj's place of business and its address for notices. It is provided so that you can identify and contact Nuaj at any time, and it is repeated in the service messages Nuaj sends about your account.

Definitions

"Product" means a Nuaj product licensed under its own End User License Agreement, together with any software, firmware, hosted service, and hardware that agreement identifies as part of it. Each EULA states what its Product consists of; the words Software, Firmware, Appliance, and Hosted Service mean what that EULA says they mean.

"EULA" means the End User License Agreement for a Product.

"Customer", "you" means the individual or entity that accepts these Master Terms and a EULA. Where an individual accepts on behalf of an entity, "Customer" means that entity.

"End Customer" means a third party to whom the Customer provides a service using a Product, whether or not the Customer charges for it.

"Authorised User" means an individual the Customer permits to use a Product, including the Customer's personnel, contractors, and — where the Product gives them direct access — individuals at an End Customer.

"Order" means the plan, quantity, term, and price agreed at purchase, whether through the Nuaj website, a quotation, or an order form.

"Documents" means these Master Terms, the EULA for each Product you use, the Acceptable Use Policy, the Privacy Policy, and the Data Processing Agreement.

The Agreement and Order of Precedence

The Documents form the agreement between the parties. Each is published and readable before acceptance, and each is linked from the point at which you accept:

Where the Documents conflict, the following order governs, from highest to lowest:

  1. a mandatory rule of applicable law that the parties cannot exclude or vary by agreement, including EU product liability and consumer protection law;
  2. a separate agreement or order form signed by authorized representatives of both parties;
  3. the Privacy Policy and the Data Processing Agreement, on questions of personal data only;
  4. the EULA for the Product in question;
  5. the Acceptable Use Policy;
  6. these Master Terms;
  7. any other policy referenced by any of them.

An express warranty stated in a EULA — including a limited hardware warranty — is given despite the disclaimer in No Warranty below, and that disclaimer does not reduce it.

Acceptance, Authority, and Records

These Master Terms are accepted, not merely referenced. Nuaj records, for each acceptance: the accepting user account, the date and time, the source IP address, the version accepted, the language version displayed, and a cryptographic hash of the exact text accepted.

The hash allows either party to establish precisely which wording was in force and accepted at that time. Each acceptance is recorded as a new entry; a later acceptance does not erase an earlier one. A separate record is created for each Document accepted and for each Product entered, so a Customer using two Products has an acceptance record for each.

Authority to accept. If you accept on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity, and "Customer" means that entity. If you do not have that authority, you must not accept these Master Terms or use a Product on the entity's behalf. Where you provide services to End Customers, the authority you assert extends to the obligations you take on for them under Providing Services to Third Parties below.

Changes are accepted, not assumed. Where a change to these Master Terms is material, the version identifier shown at the top of this page is revised and you are asked to accept the updated text before continuing to use any Product; a new acceptance record is created. Material changes include any change to fees and billing, the term, liability, the indemnity, dispute resolution, or the obligations that attach to providing services to third parties. Corrections that do not change substance — a typographical fix, a contact detail, a clarification, or a change of formatting — are made without a version change and without a new acceptance. Continued use is not acceptance of a material change; acceptance is the act of accepting it.

Eligibility

The Products are offered for business and organizational use only. They are not marketed to, sold for, or intended for personal, family, or household purposes. By accepting you represent that you are acquiring and using the Products for business or organizational purposes, and not as a consumer.

Nuaj does not monitor how or where a Product is deployed and cannot verify this representation. Nothing in this section displaces a mandatory right that applicable consumer protection law confers on a person who is in fact a consumer — see Consumer Rights below.

Accounts and Authorised Users

You must provide accurate account information and keep it current. You are responsible for the activity of every Authorised User under your account, for the confidentiality of credentials, and for promptly notifying us of any suspected unauthorized access.

An administrator on your account may create, disable, and remove users. If your account was created for you by an organization, that organization controls it.

Orders, Plans, and Metering

Each Order determines the features, limits, and quantity available to you, as described at the point of purchase.

The unit a Product is metered in is defined in that Product's EULA, together with what happens when a limit is exceeded. Where a Product is not metered, its EULA says so. Nuaj does not meter a Customer's revenue, its number of End Customers, or the value of the service the Customer sells; where a Product is metered, the unit measures what is deployed.

Included subscriptions. Some hardware ships with a subscription period included in the purchase price. That period activates when the unit is claimed by an account, applies to the account that claims it, and continues on the terms in force at activation. When it ends, continued service requires a paid subscription.

Term and renewal. Subscriptions run for the period selected and renew automatically for successive periods of the same length unless cancelled before the end of the then-current period. We will tell you the renewal date and price in advance where required by applicable law.

Changes to plans. You may upgrade at any time; the change takes effect immediately and is charged pro rata. Downgrades take effect at the next renewal.

Fees, Billing, and Taxes

Fees are payable in advance in the currency shown at purchase. Payment is taken by our payment processor; Nuaj does not store card details.

Fees are exclusive of taxes. You are responsible for all applicable sales, use, value-added, and withholding taxes, other than taxes on our income.

Price changes apply from the next renewal and will be notified at least thirty (30) days in advance. If you do not accept a price change, you may cancel before it takes effect.

Non-payment. If a payment fails we will attempt to collect and notify you. We may suspend the service if an invoice remains unpaid thirty (30) days after it falls due. Suspension for non-payment does not relieve you of accrued fees.

Cancellation and Refunds

You may cancel at any time from your account settings or by contacting support. Cancellation stops the next renewal; the service continues until the end of the period you have already paid for.

Fees already paid are non-refundable except where required by applicable law, or where we terminate the service for our convenience — in which case we refund the unused portion of the period on a pro rata basis.

Providing Services to Third Parties

Most customers use a Product to provide a service to someone else, and the licence is written for that. Managed service providers, security providers, hosting providers, internet service providers, consultancies, integrators, universities, and membership organizations all deploy Nuaj products on networks and assets that belong to a third party. That is a normal and permitted use of every Product, not an exception requiring separate written permission.

This section states the obligations that come with it. They are the same for every Product; only the metering unit is per-Product.

Roles

What the licence permits

The licence granted in each EULA covers both the Customer's own internal use and its use of the Product to provide services to End Customers. Whether the Customer charges for that service makes no difference: free provision, provision at cost, and provision as part of a larger paid service are all within the licence.

No sublicence chain

An End Customer receives the Customer's service. It receives no licence to the Product and no rights in it. Where a Product gives an End Customer direct access — a console, a portal, a report — that access is as an Authorised User under the Customer's licence, not as a licensee. Nuaj's counterparty is the Customer, and the contractual chain is one link long.

The licence is still not transferable

You may not assign, transfer, resell as a licence, or otherwise hand your licence to another party. Providing a service to others is permitted; passing the licence to someone else is not. Reselling a Nuaj product as a Nuaj product, rather than as part of your own service, requires a separate written reseller agreement with Nuaj.

Metering counts deployment

Where a Product is metered, the meter counts what the Customer deploys, wherever it deploys it. A Customer serving fifty End Customers is metered on the total it deploys across all of them, not on the single entity that signed, and free provision counts the same as paid.

Your obligations to your End Customers

Indemnity

You will defend, indemnify, and hold harmless Nuaj, its affiliates, and their officers, employees, and contractors against any third-party claim, demand, proceeding, loss, liability, damage, penalty, and reasonable legal cost arising out of or relating to:

Nuaj will notify you of the claim, allow you to control the defence with counsel of your choice, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits liability on Nuaj's part or imposes an obligation on Nuaj without Nuaj's written consent.

No third-party beneficiaries

The Documents confer rights on the parties to them only. No End Customer, Authorised User, or other third party acquires any right of action against Nuaj under the Documents, and no person who is not a party to them may enforce any of their terms.

Support in the chain

Only the Customer may raise support requests with Nuaj. End Customers must go to the Customer, who provides their first line of support. Nuaj does not contract with, invoice, or support a Customer's End Customers.

Branding

You may present a service built on a Product under your own brand, and you may co-brand it. You must not remove, obscure, or alter Nuaj's identification of the Product itself, its notices, its interfaces, or its documentation.

This is not a vanity term. Under EU product law, placing a product on the market under your own name or trade mark can make you its manufacturer, with the obligations that follow. Keeping Nuaj's identification intact keeps the manufacturer chain unambiguous and stops a provider unknowingly assuming duties it did not intend to take on.

Termination and wind-down

Where the Customer's agreement ends, protection or service delivered to End Customers ends with it. Because that can affect parties who never contracted with Nuaj:

Data protection in the chain

Where a Product processes personal data on behalf of an End Customer, the chain is three-tier: the End Customer is the controller, the Customer is a processor or a controller of its own service, and Nuaj is a sub-processor. The Data Processing Agreement's provider mode applies. The Customer warrants that it has the authority to appoint Nuaj and its sub-processors in that chain, and that its arrangement with the End Customer permits the processing the Product performs.

Where a Product performs no processing on Nuaj's systems, Nuaj is outside the chain entirely. Each Product's EULA and the Privacy Policy state which applies.

Acceptable Use

The Acceptable Use Policy applies to every Product, to nuaj.com, and to every service Nuaj operates, including the download portal. It is incorporated into this agreement by reference and is published at the same place as these Master Terms.

You are responsible for your own compliance with it and for the compliance of your Authorised Users and End Customers.

Breach of the Acceptable Use Policy is a material breach of this agreement. Where use is unlawful, or presents a risk to others, Nuaj may suspend or terminate access immediately, without notice and without refund, and may report unlawful activity to the appropriate authorities.

The Acceptable Use Policy may be updated without a version change to these Master Terms and without a new acceptance. Abuse response cannot wait for a re-acceptance cycle, and an updated policy that cannot take effect is not a policy. Material changes to it are notified through the service or by email.

The Nuaj Websites and the Download Portal

These Master Terms also govern use of nuaj.com and its product pages, and of the download portal at download.nuaj.com, by anyone who visits them — whether or not they ever become a Customer. Visiting means accepting this section and the Acceptable Use Policy. For a visitor who is not a Customer, only this section, Acceptable Use, Intellectual Property, No Warranty, Limitation of Liability, Governing Law, and Dispute Resolution apply; nothing on a website creates an order, a subscription, or an account.

Website content is information, not an offer. Product descriptions, specifications, performance and capacity figures, roadmaps, and prices shown on the websites are published for information and may change without notice. They are not a warranty, not a representation, and not an offer capable of acceptance. What Nuaj is bound to supply is what appears on an order; what a Product is warranted to do is stated in its EULA. Where a website page and one of the Documents disagree, the Document governs.

Availability. The websites are provided as they are and as available. Nuaj gives no commitment that they will be online, reachable, or free of error, and may change or withdraw any page at any time.

Content and marks. The text, images, diagrams, and documentation on the websites, and the Nuaj name and logos, are the property of Nuaj or its licensors. You may read, print, and quote reasonable extracts with attribution for your own evaluation and internal purposes. You may not republish or mirror them, scrape them systematically, or use them as training data for a machine-learning model, and you may not use Nuaj's name or marks in a way that suggests an endorsement or affiliation that does not exist.

The download portal. Access to download.nuaj.com is granted at Nuaj's discretion, is personal to the organization it is granted to, and may be withdrawn. Downloading software does not license it. Each Product is licensed only under its own EULA, which is presented at the point of download and again on first use of the Product. Portal credentials must not be shared, and software obtained through the portal must not be redistributed.

Third-party links. Where a website links to something Nuaj does not operate, Nuaj neither controls it nor is responsible for it.

Service Availability

We aim to keep hosted services available continuously, and we perform maintenance with as little disruption as we can. We may perform emergency maintenance without notice where security or stability requires it.

Except where a separate written service level agreement applies, hosted services are provided without an availability commitment, on the terms of the applicable EULA and these Master Terms.

Deployed Products are designed to keep operating if they lose contact with a hosted service. Loss of a control channel does not by itself interrupt what is already deployed; each EULA states what its Product does in that state.

Support

Support is provided by email at support@nuaj.com, at the level described for your plan at the point of purchase. We aim to respond promptly during business hours.

Response times are targets, not commitments. Nuaj gives no service level guarantee for support unless a separate service level agreement is signed by both parties. Each EULA states the support period for its Product and what happens at end-of-life.

Security Incidents and Notification

Where Nuaj becomes aware of a security incident affecting a Product or a hosted service that materially affects the Customer, Nuaj will notify the Customer without undue delay and, in any event, within seventy-two (72) hours of becoming aware of it. The notice will describe what is known, what Nuaj is doing, and what the Customer should do.

Where the incident is a personal data breach affecting personal data Nuaj processes on the Customer's behalf, the Data Processing Agreement governs the notification and Nuaj's assistance obligations.

Vulnerabilities in a Product may be reported to security@nuaj.com under the Vulnerability Disclosure Policy, published at nuaj.com/security, which states the scope, the response times Nuaj commits to, and the safe harbour that applies to good-faith research. Nuaj publishes security updates and advisories for each Product for the support period stated in its EULA.

This section is written so that a Customer subject to sector-specific incident reporting obligations — including the EU NIS2 Directive and DORA — can meet them with information Nuaj has undertaken to supply.

Information and Audit Rights

On reasonable written request, and no more than once in any twelve (12) month period unless a security incident or a regulator requires otherwise, Nuaj will provide the information a Customer reasonably needs to satisfy its own regulatory obligations in respect of the Products: the security measures in place, the sub-processors engaged, the location of processing, and Nuaj's business continuity arrangements.

Where applicable law or a financial-sector regulator gives the Customer or its regulator a right of access or audit that cannot be satisfied by that information, Nuaj will cooperate in good faith to agree a proportionate way of meeting it, at the Customer's cost. Audit rights in respect of personal data are governed by the Data Processing Agreement.

Confidentiality

Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential. Each party will use the other's confidential information only to perform this agreement, will protect it with at least the care it applies to its own, and will not disclose it except to its personnel and advisers who need it and are bound to equivalent obligations.

This does not apply to information that is public through no breach, was already known, is independently developed, or is lawfully received from a third party. A party may disclose confidential information where the law requires it, giving the other party notice where it is lawful to do so.

Nuaj's confidential information includes the non-public parts of the Products, benchmark and performance results, and the terms of any non-standard order. The Customer's configuration, network data, and reporting data are the Customer's confidential information.

Intellectual Property

The Products are licensed, not sold. All rights, title, and interest in and to each Product, including all intellectual property rights, trademarks, copyrights, trade secrets, and related materials, remain the exclusive property of Nuaj and its licensors. Where title to a hardware unit passes to the Customer under the applicable EULA, that transfer conveys no rights in the software or firmware on it.

Nuaj may use feedback and suggestions you provide, without obligation or attribution, to improve its products.

Third-Party and Open-Source Software

The Products include or interact with third-party software and open-source components subject to their own licences. Nothing in the Documents limits or replaces any right or obligation arising under those licences, and to the extent an open-source licence grants you rights broader than the Documents, that licence governs for that component.

Each Product ships an attribution notice listing the third-party components it includes and the licences that apply to them, and makes it available from the product itself.

Privacy and Personal Information

Nuaj processes personal information in connection with the Products. The Privacy Policy describes in full what is collected, why, on what legal basis, how long it is kept, with whom it is shared, and the rights available to you — including access, correction, deletion, portability, and objection — together with how to exercise them.

Where Nuaj processes personal data on the Customer's behalf, the Data Processing Agreement governs that processing.

For a self-hosted deployment, operational data remains on the Customer's systems and the Customer is the controller of it; each Product's EULA and the Privacy Policy state what, if anything, that Product sends to Nuaj.

Privacy enquiries and rights requests: privacy@nuaj.com

Export Compliance and Sanctions

You are responsible for complying with all applicable export control, sanctions, and trade laws relating to your use of the Products, and you represent that you are not located in, and will not use or make a Product available from, a jurisdiction subject to comprehensive Canadian sanctions, and that you are not a person with whom dealing is prohibited under those laws.

Where a Product is obtained by download, this representation is made at the moment of the download and again on each use.

Neither party will offer, promise, or give anything of value to obtain an improper advantage in connection with this agreement.

No Warranty

The Products are provided to assist in the security, monitoring, and management of systems and networks. While Nuaj makes reasonable efforts to develop, test, and maintain them, no software can be guaranteed to be error-free, secure, uninterrupted, or free from vulnerabilities.

You acknowledge that bugs, defects, configuration errors, security weaknesses, service interruptions, or other unforeseen issues may occur and may result in data loss, business interruption, loss of revenue, cyberattacks, unauthorized access, regulatory consequences, or other damages.

Each Product is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, or security.

A Product is a tool. It does not guarantee the prevention, detection, mitigation, or remediation of all security threats, cyberattacks, malware, unauthorized access, service disruptions, or other security incidents. The Nature and Limits section of each EULA sets out, without limitation, the specific ways in which that Product may fail.

This section does not exclude any express warranty given in a EULA, including a limited hardware warranty, and does not apply to the extent that a warranty cannot be excluded under applicable law. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

Limitation of Liability

This section applies to every Product, every hardware unit Nuaj supplies, and all of the Documents, and to every claim arising out of or relating to any of them, whatever its legal basis. It is the single limit on Nuaj's liability to the Customer. A limit stated elsewhere in the Documents — including the cap on a limited hardware warranty — operates within it and does not raise it.

To the maximum extent permitted by applicable law, Nuaj, its affiliates, officers, employees, contractors, licensors, and partners shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of business, loss of revenue, loss of data, business interruption, cyber incidents, security breaches, ransomware events, regulatory penalties, or other similar losses arising from or related to the use of, inability to use, or performance of a Product, even if advised of the possibility of such damages.

Where liability cannot be excluded, the total aggregate liability of Nuaj arising out of or relating to the Products, any hardware unit, and the Documents shall not exceed the greater of (a) the fees paid by the Customer to Nuaj during the twelve (12) months immediately preceding the event giving rise to the claim, (b) where the claim relates to a hardware unit, the price paid for that unit, and (c) one hundred Canadian dollars (CAD $100).

These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

Nothing in the Documents excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law.

Liability that cannot be limited by contract in the European Union. The exclusions and the cap above do not apply, and are not to be read as applying, to liability under Directive (EU) 2024/2853 on liability for defective products or under any national law implementing it, from the date it applies. Under that regime software, firmware, and connected hardware are products; a cybersecurity vulnerability, and the absence of a security update within the support period, can be a defect; and destruction or corruption of data is recoverable damage. That liability is strict and cannot be excluded or limited by agreement, and nothing in the Documents attempts to. The same applies to any other mandatory product liability or consumer protection regime of a jurisdiction whose law applies to a claim.

Limitation Period

To the maximum extent permitted by applicable law, any claim arising out of or relating to a Product, a hardware unit, or any of the Documents must be brought within one (1) year after the event giving rise to the claim, and any claim not brought within that period is permanently barred.

This section applies only where the parties are capable of agreeing to vary a limitation period — under Ontario's Limitations Act, 2002, only in a business agreement between parties none of whom is a consumer. It does not apply to a Customer who is a consumer, it does not shorten a period that cannot be varied by agreement, and it does not apply to a claim under a regime described in the last paragraph of Limitation of Liability.

Suspension and Termination

We may suspend or terminate your access, in whole or in part, if you materially breach the Documents, if your use threatens the security or integrity of a service or of others, if required by law, or for non-payment as described above.

Except where the breach is severe, where the law requires immediate action, or where continued use presents a security risk, we will give notice and a reasonable opportunity to cure — thirty (30) days for a breach capable of cure.

You may terminate at any time by cancelling and ceasing use. Termination of a EULA does not by itself terminate a subscription, and cancellation of a subscription does not by itself terminate a licence; each is governed by its own document.

Your Data After Termination

For thirty (30) days after termination, the configuration and reporting data held in your account remains available for you to export from the dashboard. After that period it may be deleted, subject to the retention described in the Privacy Policy. It is your responsibility to export within that window; Nuaj is not obliged to reconstruct or recover data after it has been deleted.

Self-hosted deployments retain their own data; termination affects licensing and support, not the data on your systems.

Changes to the Products and to These Terms

We may modify, improve, or discontinue features. Where we discontinue a feature that is material to your paid plan, we will give reasonable notice, and you may cancel. Your sole and exclusive remedy in that case is a pro rata refund of the fees you have prepaid for the remainder of the then-current period.

Product information, roadmaps, and model line-ups are descriptions of intent, not offers or commitments, and nothing in them is a promise to build, ship, or continue any particular product. What Nuaj commits to for something you have already bought is set out in the applicable EULA.

Changes to these Master Terms are governed by Acceptance, Authority, and Records above.

Notices

Notices to Nuaj must be sent to legal@nuaj.com or to the postal address above, and are deemed received on the next business day for email, or five (5) business days after mailing.

Notices to the Customer may be given by email to the address on the account, or through the service, and are deemed received when sent.

Assignment

You may not assign or transfer this agreement, in whole or in part, without Nuaj's prior written consent, except to a successor of substantially all of your business or assets. Nuaj may assign this agreement to an affiliate or in connection with a merger, acquisition, or sale of assets. Any attempted assignment in breach of this section is void.

Force Majeure

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, labour dispute, epidemic, failure of a telecommunications or utility provider, denial-of-service attack, or act of government. This does not excuse an obligation to pay amounts due.

Waiver

A failure or delay in enforcing a right under this agreement is not a waiver of it, and a single or partial exercise of a right does not prevent its further exercise.

Consumer Rights

Nothing in the Documents excludes, restricts, or modifies any right, warranty, guarantee, or remedy that applicable consumer protection law confers on you and that cannot be excluded, restricted, or modified by agreement — including under Ontario's Consumer Protection Act, 2002 and Quebec's Consumer Protection Act. Where those laws give you a longer warranty, a broader cancellation right, or a refund entitlement beyond what is stated above, that law governs.

Where you are a consumer and applicable law makes an arbitration agreement or a class-action waiver unenforceable against you, Dispute Resolution does not prevent you from bringing a claim in a court of competent jurisdiction or from participating in a class proceeding.

The representation in Eligibility that you are acquiring the Products for business purposes is not, and may not be treated as, a waiver of consumer rights. If you are in fact a consumer under applicable law, that law governs regardless of the representation.

Governing Law

This agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Dispute Resolution and Consumer Rights, the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.

Dispute Resolution

Any dispute arising out of or relating to the Documents or the use of a Product shall first be addressed through good-faith negotiations between the parties for a period of thirty (30) days after written notice of the dispute.

If it is not resolved through negotiation, it shall be finally resolved by binding arbitration seated in Toronto, Ontario, Canada, conducted in English by a single arbitrator, administered by the ADR Institute of Canada, Inc. under its Arbitration Rules in force at the time the arbitration is commenced. If the parties do not agree on the arbitrator, the ADR Institute of Canada appoints one under those Rules. Each party bears its own legal costs unless applicable law or the arbitrator determines otherwise. The arbitrator's decision is final and binding and may be entered in any court of competent jurisdiction.

Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, where the claim qualifies.

This section is subject to Consumer Rights above and does not displace a mandatory right to bring a claim before a court of a jurisdiction whose law applies. Either party may at any time seek injunctive or other equitable relief from a court to protect its intellectual property or confidential information.

Severability

If any provision of this agreement is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed; the remaining provisions remain in full force and effect.

Entire Agreement

The Documents constitute the entire agreement between the parties regarding the Products and supersede all prior or contemporaneous understandings relating to their subject matter. They do not supersede a separate agreement signed by authorized representatives of both parties.

Survival

Definitions, The Agreement and Order of Precedence, Acceptance, Authority, and Records, the Indemnity, No third-party beneficiaries and Branding provisions of Providing Services to Third Parties, Confidentiality, Intellectual Property, Third-Party and Open-Source Software, Export Compliance and Sanctions, No Warranty, Limitation of Liability, Limitation Period, Your Data After Termination, Notices, Assignment, Waiver, Consumer Rights, Governing Law, Dispute Resolution, Severability, Entire Agreement, Language, and this section survive termination, together with any accrued right to payment.

Each EULA states what survives termination of that licence.

Language

These Master Terms were drafted in the English language, and the English version is the sole authoritative and legally binding version. Any translation is provided for convenience only and has no legal effect. In the event of any conflict, ambiguity, or inconsistency between the English version and any translation, the English version prevails.

A complete French-language version of these Master Terms is published and available to you before you accept them, from the language selector on this page and at the same address. You may read either version. Where you accept after having been able to read the French version, the parties have expressly requested and agreed that this agreement, together with all related documents and notices, be drafted in the English language, and that the English version govern. Les parties ont expressément demandé et convenu que la présente convention, ainsi que tous les documents et avis qui s'y rapportent, soient rédigés en langue anglaise.

Nuaj records which language version was displayed to you at the time you accepted.