Terms & Conditions

These Terms of Service ("Terms") constitute a legally binding agreement between you and Sentient AI Inc., a Delaware corporation doing business as NexxaScreen ("NexxaScreen," "we," "us," "our"). These Terms govern your access to and use of the NexxaScreen platform and services.

Please read these Terms carefully before using the platform. By accessing or using NexxaScreen, you agree to be bound by these Terms. If you do not agree, do not use the platform.

1. Acceptance of Terms

By accessing or using the NexxaScreen platform, creating an account, clicking "I Accept," or otherwise indicating your acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and Data Processing Agreement, which are incorporated by reference.

If you do not agree to these Terms, you must not access or use the platform.

Capacity to contract. You represent that you are at least 16 years of age and have the legal capacity to enter into a binding agreement. If you are under 18, you represent that your parent or legal guardian has reviewed and consented to these Terms on your behalf.

Binding an organization. If you are accepting these Terms on behalf of a company, institution, or other legal entity, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" refer to that organization.

2. Definitions

The following terms have specific meanings throughout these Terms:

3. Account Registration & Security

3.1. Registration Requirements

To use certain features of the Platform, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain only one account per person (do not create duplicate or shared accounts);
• Not create an account using false or misleading information, or on behalf of someone else without their permission.

3.2. Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You agree to:

• Choose a strong, unique password and keep it confidential;
• Not share your account credentials with any third party;
• Notify us immediately at [email protected] if you become aware of or suspect any unauthorized access to or use of your account;
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3. Account Suspension

We reserve the right to suspend or terminate your account, at our discretion, if we reasonably believe that:

• You have violated these Terms;
• Your account information is inaccurate, incomplete, or fraudulent;
• Your account has been compromised and you have not taken steps to secure it;
• Continued access poses a risk to the Platform, other users, or NexxaScreen.

We will make reasonable efforts to notify you before or promptly after any suspension, unless doing so would compromise security or violate legal obligations.

4. Service Description

4.1. What We Provide

NexxaScreen is an AI-powered interview platform. Our Services include:

• Interview creation and scheduling — Employers can create interview templates, define questions, and schedule AI-conducted interviews for candidates.
• AI-conducted interviews — Candidates participate in video or phone interviews conducted by an AI interviewer, with real-time interaction and follow-up questions.
• Automated scoring and assessment — AI analyzes candidate responses and generates scores, summaries, and competency assessments for employer review.
• Transcription — Automated transcription of interview audio for review and analysis.
• Communication assessment — AI evaluation of communication skills including clarity, fluency, coherence, and vocabulary usage.
• Recruiter dashboards — Tools for employers to review, compare, and manage candidates across interviews.
• Candidate management — Tracking, outreach (via email, WhatsApp, or phone), and pipeline management for recruitment workflows.
• Mock interviews — Practice interview sessions for candidates and students to prepare for real interviews.
• Campus tools — Institutional features for colleges and universities to support student placement and interview readiness.

4.2. What We Do NOT Provide

NexxaScreen is a tool to assist in the interview and assessment process. We do not provide:

• Hiring decisions — All hiring decisions are made solely by the employer. AI-generated scores and assessments are advisory only.
• Employment advice — We do not provide legal, career, or employment counseling.
• Jurisdiction-specific legal compliance — While we provide compliance tools and documentation, it is the employer's responsibility to determine which laws apply to their hiring process and to comply with them.
• Guaranteed outcomes — We do not guarantee that candidates will receive job offers, or that employers will find suitable candidates through the Platform.

5. AI Features & Limitations

This section describes important limitations of our AI technology. Please read it carefully.

5.1. AI Assists, Does Not Decide

All AI-generated scores, assessments, summaries, and recommendations produced by the Platform are advisory only. They are intended to assist employers in their evaluation process, not to replace human judgment.

Hiring decisions are made solely by the employer. NexxaScreen does not make, influence, or take responsibility for any employment decisions.

5.2. No Guarantee of Accuracy

AI technology, including the models used by NexxaScreen, can make errors. AI-generated scores are probabilistic assessments, not definitive evaluations of a candidate's abilities or suitability. Outputs may be:

• Incomplete or inaccurate in specific instances;
• Affected by the quality of audio, video, or internet connection during the interview;
• Subject to limitations inherent in current AI and natural language processing technology.

Scores are relative, not absolute. AI scores reflect how the AI evaluated a candidate's responses against the specific interview criteria configured by the employer. They are not objective measurements of a candidate's skills or competence. The same response may receive different scores under different evaluation criteria. Because our AI uses large language models, scores are inherently probabilistic — the same response evaluated multiple times may yield slightly different results.

Individual score explanations are limited. We can describe the dimensions our AI evaluates (such as relevance, communication clarity, and depth of response), but we cannot provide a complete technical explanation of why the AI assigned a specific numeric score to a specific answer. This is a known limitation of large language model technology. The appropriate remedy is human review, which is available upon request.

Users should exercise their own judgment when reviewing AI-generated content and should not rely on it as the sole basis for significant decisions.

5.3. Shared Responsibility Model

The responsible use of AI in hiring requires effort from both the Platform and its users. The following table outlines how responsibilities are shared:

5.4. AI Video Avatars

In certain interview modes, the Platform uses AI-generated video avatars powered by third-party technology (Tavus) to conduct interactive interviews. These avatars are artificial intelligence, not real people. They are designed to appear human-like to create a more natural and engaging interview experience.

• Candidates are informed that they are interacting with an AI avatar before the interview begins, through the pre-interview consent screen.
• The AI avatar does not independently make decisions — it follows interview scripts and evaluation criteria configured by the employer.
• Video avatar generation occurs in real-time and is not stored by the avatar technology provider.

5.5. AI Updates

AI Features may be updated, improved, or modified over time as we enhance our models and technology. We will make reasonable efforts to ensure that updates maintain or improve service quality, but specific outputs may change as models evolve.

6. Candidate Conduct & Responsibilities

6.1. Interview Environment and Behavior

Candidates are responsible for:

• Ensuring a suitable interview environment (quiet, well-lit, with a stable internet connection);
• Testing their equipment (camera, microphone, browser) before the interview;
• Presenting themselves in a manner they consider appropriate for the interview context;
• Providing truthful and accurate information about their qualifications and experience.

6.2. Prohibited Conduct

The following conduct is strictly prohibited during interviews:

• Impersonation — Having another person take the interview on your behalf, or assuming another person's identity;
• Proxy test-taking — Using a third party to answer questions or complete assessments;
• Cheating tools — Using AI assistants, chatbots, screen-sharing tools, hidden notes (beyond what is permitted), or other tools designed to provide unfair advantage during the interview;
• False information — Providing fabricated qualifications, experience, or other material information;
• Intentional disruption — Deliberately disrupting the interview process or attempting to manipulate AI systems.

6.3. Candidate Conduct Disclaimer

The Platform is not responsible for a candidate's choice of attire, background, language, demeanor, or behavior during an interview. Candidates exercise sole control over how they present themselves.

If inappropriate, offensive, or NSFW content appears during an interview (whether in the candidate's environment, on their person, or in their responses), the Platform may flag such content for the employer's awareness. However, NexxaScreen is not liable for the candidate's conduct, and the employer is responsible for determining how to handle such situations in accordance with their own policies and applicable law.

6.4. Consequences of Violations

Violations of Section 6.2 may result in:

• Flagging or invalidation of the interview session;
• Notification to the employer;
• Suspension or termination of your NexxaScreen account;
• Reporting to relevant authorities where required by law.

7. Recording & AI Analysis

7.1. Interview Recording

All interviews conducted through the Platform are recorded (video and/or audio). Recording is a core requirement for the Services to function. Recordings are used for:

• Employer review — Enabling employers to review candidate responses after the interview;
• AI analysis and scoring — Processing responses through AI models to generate assessments, scores, and summaries;
• Transcription — Converting spoken responses to text for review and analysis;
• Anti-cheating verification — Detecting potential integrity violations during the interview;
• Quality assurance — Monitoring and improving the interview experience and AI performance;
• Communication assessment — Evaluating speech patterns, fluency, clarity, and other communication dimensions (when enabled by the employer).

7.2. Consent

Explicit consent is required before each interview. Before an interview begins, candidates are presented with a digital consent screen that clearly explains:

• That the interview will be recorded (video and/or audio);
• That recordings will be analyzed by AI;
• That results will be shared with the employer who created the interview;
• That de-identified data may be used for AI improvement (see Section 8).

Candidates who do not provide consent cannot proceed with the interview. Consent is recorded and stored as part of the interview record.

7.3. Retention

Interview recordings and associated data are retained in accordance with our data retention schedule, as described in our Privacy Policy. Employers may configure retention periods within the limits permitted by their plan and applicable law.

8. AI Data Usage

8.1. Employer-Initiated Interviews

Interview data from employer-initiated interviews (interviews scheduled by a Company for recruitment or internal testing purposes) is used exclusively for:

• Generating assessments — Producing the candidate assessment, scores, and summaries for that specific interview;
• Bias audits and fairness evaluations — Conducting annual bias audits and fairness evaluations as required by applicable law, using de-identified data only;
• Quality assurance — Monitoring and improving the accuracy and consistency of AI scoring, using de-identified data only;
• Compliance reporting — Producing de-identified aggregate reports for regulatory compliance purposes.

Employer-initiated interview data is not used for AI model training. When an enterprise customer asks whether their candidates' interview data is used to train our models, the answer is no.

8.2. Candidate-Initiated Sessions

De-identified data from candidate-initiated sessions (including mock interviews, practice sessions, demo interviews, guest "try it" sessions, and enrichment sessions) may be used to train, develop, and improve NexxaScreen's AI models. The purposes of this use include:

• Reducing bias — Ensuring AI models produce fair and equitable assessments across diverse candidate populations;
• Improving fairness — Calibrating scoring models to minimize systematic errors or disparities;
• Advancing assessment quality — Improving the accuracy and reliability of AI-generated scores and summaries;
• Contributing to responsible AI governance — Supporting industry-wide efforts to develop ethical AI tools for hiring.

We believe responsible AI requires diverse, representative training data. By contributing to model improvement through practice sessions, candidates help build fairer hiring tools for everyone.

8.3. De-identification Process

Before any data is used for AI training, bias audits, quality assurance, or compliance purposes, it undergoes a de-identification process that strips all personal identifiers, including but not limited to: names, email addresses, phone numbers, employer names, and other information that could reasonably be used to identify a specific individual.

8.4. Opt-Out

If you participate in candidate-initiated sessions, you may opt out of having your data used for AI model training. To opt out, contact us at [email protected] with your request. Please note:

• Opting out applies to AI model training only. De-identified data may still be used for bias audits, quality assurance, and compliance reporting regardless of opt-out status;
• Opting out does not apply to employer-initiated interviews, as that data is not used for AI model training in the first place;
• Data that has already been de-identified and incorporated into AI models prior to your opt-out request cannot be removed or reverse-identified, as it is no longer linked to you;
• Your opt-out will be processed within 30 days of receipt.

9. Credit System & Billing

9.1. Credits

Credits are the billing unit for Platform services. Different services consume different amounts of credits (for example, a standard video interview may consume a different number of credits than a phone interview or communication assessment). Current credit consumption rates are detailed on our pricing page.

9.2. Purchasing Credits

Credits may be purchased through subscription plans or as one-time purchases, depending on available plan options. All prices are quoted in United States Dollars (USD) unless otherwise specified in an enterprise agreement.

9.3. Non-Refundable Credits

Credits are non-refundable once consumed. Unused credits on subscription plans may expire at the end of the billing period as specified in your plan terms. Specific expiration terms are detailed in your subscription agreement or on the pricing page.

9.4. Payment Processing

Payments are processed by Stripe, Inc. Your use of Stripe's payment services is subject to Stripe's Terms of Service. NexxaScreen does not store your full payment card details.

9.5. Enterprise Billing

Enterprise customers may have custom billing terms, including invoicing, volume discounts, and custom credit packages, as specified in a separate enterprise agreement or order form.

9.6. Pricing Changes

We reserve the right to change pricing, credit consumption rates, or plan structures. We will provide at least 30 days' advance notice of any pricing changes via email or Platform notification. Price changes will not apply to the current billing period for existing subscribers.

9.7. Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying any taxes associated with your use of the Services, excluding taxes based on NexxaScreen's net income.

9.8. Chargebacks and Payment Disputes

If you believe a charge is incorrect, you agree to contact NexxaScreen first at [email protected] before initiating a chargeback or dispute with your bank or payment provider. We will work in good faith to resolve billing issues within 10 business days.

By using the Services, you acknowledge that:

• NexxaScreen maintains detailed records of all service usage, including timestamps, service type, credit consumption, IP addresses, and device information ("Usage Evidence");
• Usage Evidence constitutes proof that the Services were delivered and consumed;
• Initiating a chargeback or payment dispute for charges associated with Services that were actually delivered and consumed may constitute fraud under applicable law;
• If a chargeback is filed for validly delivered Services, NexxaScreen reserves the right to: (i) submit Usage Evidence to the payment provider to contest the dispute; (ii) immediately suspend or terminate your account; (iii) pursue recovery of the disputed amount plus any chargeback fees incurred by NexxaScreen (typically $15–25 USD per dispute); and (iv) report the activity to fraud prevention services;
• Accounts terminated due to fraudulent chargebacks are not eligible for reactivation, and any remaining credits or subscription time are forfeited.

This section does not limit your rights under applicable consumer protection laws or your right to dispute genuinely unauthorized transactions.

10. Intellectual Property

10.1. Platform Intellectual Property

NexxaScreen and its licensors own all right, title, and interest in and to:

• The Platform, including all software, code, and technical infrastructure;
• AI models, algorithms, and scoring methodologies;
• Interface designs, visual elements, and user experience;
• Branding, trademarks, logos, and trade dress;
• Documentation, marketing materials, and NexxaScreen-generated content;
• Aggregate and anonymized data derived from Platform usage.

No rights in NexxaScreen's intellectual property are granted to you except as expressly set forth in these Terms.

10.2. User Content Ownership

You (or your licensors) retain ownership of your User Content, including interview responses, recordings of your likeness and voice, resumes, job descriptions, and other materials you provide.

10.3. License Grant to NexxaScreen

By using the Platform, you grant NexxaScreen a non-exclusive, worldwide, royalty-free license to use, process, store, reproduce, and transmit your User Content solely for the purposes of:

(a) Providing, operating, and maintaining the Services;

(b) Generating AI-Generated Content (scores, assessments, transcriptions) as part of the Services;

(c) Improving AI models using de-identified data, as described in Section 8;

(d) Generating aggregate, anonymized insights and analytics that do not identify any individual user;

(e) Complying with applicable law or valid legal process;

(f) Enforcing these Terms.

This license continues for as long as your User Content is stored on the Platform, and for de-identified data, the license is perpetual and irrevocable (as de-identified data is no longer linked to you).

10.4. Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding the Platform or Services ("Feedback"), you grant NexxaScreen a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, and exploit such Feedback without any obligation, attribution, or compensation to you.

10.5. Restrictions

You may not:

• Reverse engineer, decompile, or disassemble any part of the Platform or AI models;
• Attempt to extract, reconstruct, or derive AI model weights, training data, or algorithms;
• Copy, reproduce, or create derivative works of the Platform's design, functionality, or user interface;
• Remove, alter, or obscure any proprietary notices or branding on the Platform.

11. Prohibited Uses

You agree not to use the Platform for any of the following purposes:

11.1. General Prohibitions

• Violating any applicable local, state, national, or international law or regulation;
• Using the Platform to discriminate against any individual on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity, or any other legally protected characteristic;
• Impersonating another person, entity, or NexxaScreen representative;
• Uploading or transmitting malware, viruses, worms, or any harmful code;
• Interfering with or disrupting the Platform, servers, or networks connected to the Platform;
• Circumventing security measures, authentication mechanisms, rate limits, or access controls;
• Reselling, sublicensing, or redistributing Platform access without written authorization from NexxaScreen.

11.2. AI-Specific Prohibitions

• Reverse engineering, probing, or attempting to extract AI model weights, training data, or proprietary algorithms;
• Prompt injection, jailbreaking, or any attempt to manipulate AI behavior beyond its intended function;
• Deliberately gaming or manipulating AI scoring to produce misleading assessments;
• Using AI-Generated Content to train competing AI models or services.

11.3. Data-Specific Prohibitions

• Automated scraping, crawling, or bulk data extraction from the Platform (except via authorized APIs);
• Collecting or harvesting personal information of other users without their consent;
• Using interview recordings for any purpose other than authorized recruitment or interview preparation activities;
• Sharing, publishing, or distributing candidate interview recordings outside the Platform without the candidate's explicit consent.

12. Termination

12.1. Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your account settings; or
• Contacting us at [email protected] with a request to close your account.

If you have an active paid subscription, termination takes effect at the end of your current billing period unless otherwise required by law.

12.2. Termination by NexxaScreen

We may suspend or terminate your account, with or without notice, if:

• You materially breach these Terms and fail to cure the breach within 14 days of notice (where the breach is curable);
• You engage in conduct that is fraudulent, illegal, or harmful to the Platform or other users;
• Your account has unpaid fees that remain outstanding after reasonable notice;
• We are required to do so by law, regulation, or court order;
• We discontinue the Services (in which case we will provide reasonable advance notice).

12.3. Effect of Termination

Upon termination of your account:

• Your access to the Platform ceases immediately (or at the end of your billing period, if you initiated the termination);
• Data export: You may request an export of your data for up to 30 days after termination. Submit your request to [email protected];
• Data deletion: After the 30-day export period, your data will be deleted in accordance with our data retention schedule, as described in the Privacy Policy;
• Credits: Unused credits are not refundable upon termination;
• Surviving provisions: The following sections survive termination: Definitions (Section 2), Intellectual Property (Section 10), Limitation of Liability (Section 13), Indemnification (Section 14), Dispute Resolution (Section 15), Governing Law (Section 16), and any other provisions that by their nature should survive.

13. Limitation of Liability

13.1. Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXXASCREEN'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) ONE HUNDRED UNITED STATES DOLLARS ($100 USD); OR

(B) THE TOTAL FEES PAID BY YOU TO NEXXASCREEN DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.2. Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEXXASCREEN SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages;
• Loss of profits, revenue, or business opportunities;
• Loss of data or data corruption;
• Loss of goodwill or reputation;
• Cost of procurement of substitute services;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEXXASCREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3. Carve-Outs

The limitations and exclusions in Sections 13.1 and 13.2 do not apply to liability arising from:

• Gross negligence or willful misconduct by NexxaScreen;
• Data breach caused by NexxaScreen's negligence in its security obligations;
• Fraud or fraudulent misrepresentation by NexxaScreen;
• Death or personal injury caused by negligence;
• Any liability that cannot be excluded or limited under applicable law.

13.4. Basis of the Bargain

The limitations of liability in this section are a fundamental element of the basis of the bargain between you and NexxaScreen. The Services would not be provided without these limitations.

14. Indemnification

14.1. Mutual Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to the indemnifying party's material breach of these Terms.

14.2. Employer Indemnification of NexxaScreen

If you are an Employer, you additionally agree to indemnify NexxaScreen against third-party claims arising from:

• Your hiring decisions, including claims of discrimination, wrongful rejection, or unfair hiring practices;
• Your failure to comply with applicable employment, anti-discrimination, or AI-in-hiring laws in your jurisdiction;
• Your misuse of AI-generated scores or assessments, including reliance on AI scores as the sole basis for hiring decisions contrary to applicable law;
• Your failure to obtain required consents or provide required notices to candidates.

14.3. NexxaScreen Indemnification of Employer

NexxaScreen agrees to indemnify Employer against third-party claims arising from:

• NexxaScreen's material breach of the Data Processing Agreement;
• NexxaScreen's gross negligence in its handling, storage, or processing of personal data provided through the Platform.

14.4. Indemnification Cap

Indemnification obligations under this Section 14 are subject to the same liability cap described in Section 13.1.

14.5. Indemnification Procedure

The indemnified party must:

• Provide prompt written notice of any claim to the indemnifying party;
• Grant the indemnifying party reasonable cooperation in the defense of the claim;
• Allow the indemnifying party to control the defense and settlement of the claim (provided that the indemnifying party may not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent).

15. Dispute Resolution — Binding Arbitration

IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

15.1. Informal Resolution First

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve the dispute informally. To do so, send a written description of your dispute, including your name, account information, and the relief you seek, to [email protected].

Both parties agree to negotiate in good faith for at least sixty (60) days from the date the written notice is received. If the dispute is not resolved within this 60-day period, either party may proceed to binding arbitration as described below.

15.2. Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the formation, interpretation, breach, or termination of these Terms) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.

• Seat of arbitration: Wilmington, Delaware, United States.
• Number of arbitrators: One (1), unless the amount in controversy exceeds $250,000 USD, in which case three (3) arbitrators shall be appointed.
• Language: English.
• Discovery: Limited to what is directly relevant to the dispute, as determined by the arbitrator.
• Award: The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

15.3. Class Action Waiver

You agree to resolve disputes with NexxaScreen only on an individual basis. You waive any right to participate in a class action, collective action, or representative proceeding, whether as a named plaintiff, class member, or in any other capacity.

The arbitrator may not consolidate claims of more than one person or preside over any form of class, collective, or representative proceeding.

If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from arbitration and may be brought in court, subject to Section 16 (Governing Law).

15.4. 30-Day Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include:

• Your full legal name;
• Your NexxaScreen account email address;
• A clear statement that you wish to opt out of the arbitration agreement.

If you opt out, you and NexxaScreen agree to resolve disputes exclusively in court as described in Section 16. Opting out of arbitration does not affect any other provisions of these Terms.

15.5. Small Claims Carve-Out

As an alternative to arbitration, either party may bring an individual claim in small claims court for disputes where the amount in controversy is $10,000 USD or less, provided the claim falls within the court's jurisdiction.

15.6. Exceptions to Arbitration

This arbitration agreement does not apply to:

• Claims for injunctive or equitable relief to protect intellectual property rights;
• Claims that, by applicable law, cannot be subject to mandatory arbitration;
• Actions to enforce an arbitration award.

15.7. Federal Arbitration Act

The Federal Arbitration Act (9 U.S.C. Sections 1-16) governs the interpretation and enforcement of this arbitration agreement, and preempts any contrary state law.

15.8. Arbitration Fees

Each party is responsible for its own attorneys' fees and costs. AAA arbitration filing fees and arbitrator compensation will be allocated in accordance with the AAA Commercial Arbitration Rules. If you demonstrate that arbitration costs would be prohibitive compared to litigation costs, NexxaScreen will consider a good-faith request to contribute to arbitration fees.

16. Governing Law

16.1. Applicable Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

16.2. Exclusive Jurisdiction

To the extent that the arbitration agreement in Section 15 does not apply (including if you have opted out, or for claims excepted from arbitration), each party irrevocably submits to the exclusive jurisdiction of the state and federal courts located in the State of Delaware for the resolution of any dispute arising under these Terms.

17. General Provisions

17.1. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The invalidity of any provision does not affect the validity or enforceability of the remaining provisions.

17.2. Waiver

The failure of NexxaScreen to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any right or provision is effective only if made in writing and signed by an authorized representative of NexxaScreen.

17.3. Entire Agreement

These Terms, together with the Privacy Policy, Data Processing Agreement, and any applicable enterprise agreement or order form, constitute the entire agreement between you and NexxaScreen regarding the Services. These Terms supersede all prior oral or written agreements, understandings, and representations relating to the Services.

17.4. Assignment

We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent but with notice to you. You may not assign or transfer these Terms or any rights under them without our prior written consent. Any attempted assignment in violation of this section is void.

17.5. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) where such delay or failure results from circumstances beyond the party's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power outages, internet or telecommunications failures, or cyberattacks.

17.6. Notices

We may provide notices to you via:

• Email to the address associated with your account;
• In-Platform notifications or banners;
• Posting on the Platform.

For notices made by email, the date of receipt is deemed to be the date the email is sent.

You may send notices to us at [email protected] (for legal matters) or [email protected] (for general inquiries). For formal legal notices, written communication to the postal address listed in Section 18 is also accepted.

17.7. Third-Party Rights

These Terms do not confer any rights, benefits, or remedies on any third party. No person other than you and NexxaScreen has the right to enforce any provision of these Terms.

17.8. Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and NexxaScreen. Neither party has the authority to bind or obligate the other.

17.9. Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17.10. Language

These Terms are drafted in English. If these Terms are translated into another language, the English version prevails in the event of any conflict or inconsistency.

18. Contact Us

If you have any questions about these Terms, please contact us:

Legal matters: Email: [email protected]

General inquiries: Email: [email protected]

Postal address: Sentient AI Inc. 8 The Green STE R Dover, DE 19901 United States

Website: https://nexxascreen.com

These Terms of Service were last updated on April 11, 2026.