Nitro Pro Product Specific Terms
THESE NITRO PRO PRODUCT SPECIFIC TERMS ARE INCORPORATED INTO THE AGREEMENT UNDER WHICH NITRO HAS AGREED TO PROVIDE THE SERVICES AND APPLY IF YOU HAVE SIGNED UP FOR NITRO PRO (AS DEFINED IN SECTION 1 BELOW) AS SET OUT IN THE ORDER FORM WHICH ALSO INCORPORATES THE NITRO TERMS OF SERVICE.
PLEASE VISIT OUR GENERAL PRODUCT SPECIFIC TERMS PAGE IF YOU ARE LOOKING FOR OTHER PRODUCT SPECIFIC TERMS APPLICABLE TO OTHER SPECIFIC NITRO SERVICES.
Capitalized terms used in these Nitro Pro Product Specific Terms and not separately defined herein, shall have their respective meanings ascribed to such terms in the Nitro Terms of Service. As used in these Nitro Pro Product Specific Terms, the following terms shall have the following meanings:
“Artificial Intelligence System” or “AI System” means a machine-based system that is designed to operate with varying levels of autonomy and that can, for explicit or implicit objectives, generate Output Data such as predictions, recommendations, or decisions that influence physical or virtual environments;
“Input Data” means data provided to or directly acquired by an AI System on the basis of which the AI System produces Output Data;
“Nitro Pro” means the software features and functionalities as made available by Nitro that enables Customer and its Users to create, edit, convert, and manage PDF files and may include Nitro Sign as made available by Nitro via the Services under the product name ‘Nitro Pro’;
“Nitro Sign” means software features and functionalities that enables Customer and its Users to sign documents electronically as made available by Nitro via the Service under the product names ‘Nitro Sign Essentials’ or ‘Nitro Sign Advanced’;
“Output Data” means the output data provided by an AI System embedded in Nitro Pro or Nitro Sign based on the Input Data and Prompts;
“Prompt” means an instruction given by Customer or its Users when using a feature or functionality included in Nitro Pro or Nitro Sign that is operating based on an AI System;
“Reasonable Use” means using Nitro Sign in a fair and normal way, based on factors such as the number of Users, transactions, data storage, bandwidth or processing power. Reasonable Use also means that your usage patterns do not deviate significantly from the average or expected usage levels for each customer or its users, and that your use of Nitro Sign does not negatively affect the performance, availability, security, or integrity of the Service or other customers’ use of the Service. Nitro reserves the right to define what constitutes Reasonable Use at its sole discretion.
2. NITRO PRO AND NITRO SIGN SPECIFIC TERMS
2.1 Nitro Pro. Nitro Pro offers features and functionalities for Customer and its Users to create, edit, covert and manage PDF files. The applicable product user guide for Nitro Pro is available here.
2.2 Nitro Sign. Nitro Sign offers electronic signing capabilities embedded within Nitro Pro and can be used by the Customer and its Users if Nitro Sign is part of the Customer’s subscription plan. The applicable product user guide for Nitro Sign is available here.
2.3 Reasonable Use of Nitro Sign. Customers having a Nitro Sign subscription plan that includes an ‘unlimited amount of signatures’ and their Users may only use Nitro Sign in a manner that constitutes Reasonable Use of Nitro Sign. While Nitro does not impose any hard limits on Reasonable Use factors, Nitro reserves the right (but shall have no obligation to), monitor Customer’s and User’s usage on an ongoing basis to identify any deviation from Reasonable Use. If Nitro decides, at its sole discretion, that Reasonable Use of Nitro Sign by a Customer and/or its User has been exceeded, Nitro will have the right to throttle or suspend such User’s use of Nitro Sign. In extreme circumstances, as determined by Nitro in its sole discretion, Nitro will have the right to terminate the Agreement provided that Nitro will make reasonable efforts to provide Customer in advance with a description of the excessive or abnormal usage and an explanation of why it violates Reasonable Use.
2.4 Use of Nitro Sign. Customer bears responsibility for deciding which Users or individuals it invites to use Nitro Sign and Customer warrants to have the necessary and valid legal basis, where required by applicable law, to send invitations (via Nitro Sign) to such Users and signing requests to the end recipients to use Nitro Sign. It is the Customer’s sole responsibility to choose an adequate signing method as made available within Nitro Sign taking into account the purpose for which the electronic signature and the electronically signed document will be used. Customer acknowledges that specific types of agreements or documents may, under specific applicable legislation, not be executed by means of an electronic signature. Customer acknowledges and agrees Nitro solely provides electronic signing capabilities within Nitro Pro and that the Customer remains fully responsible for the purposes for which Nitro Sign is used by its Users, including the suitability of such use in accordance with the applicable laws and regulations.
2.5 Content of Documents. Customer bears full responsibility for the content, administration and monitoring of the documents processed via Nitro Pro and Nitro Sign. Nitro does not actively monitor the content of the documents that are processed and/or signed using Nitro Pro or Nitro Sign. Customer is fully and independently accountable should any document(s) uploaded using Nitro Pro or Nitro Sign be inaccurate and/or unlawful. Customer will defend, indemnify and hold harmless Nitro against all third-party claims that are based on (a) documents uploaded by Customer or its Users to Nitro Pro and/or Nitro Sign being unlawful; or (b) any electronic communication sent by Customer or its Users via Nitro Pro or Nitro Sign to a recipient in violation of applicable law.
2.6 No Document Management Software. Customer acknowledges and agrees Nitro Pro and Nitro Sign are not document management or data storage tools and that Customer is solely responsible to store and save its documents and signed documents elsewhere (for example within the Customer’s CRM or ERP software or another document repository).
3. ARTIFICIAL INTELLIGENCE
3.1 AI Systems. Nitro Sign and Nitro Pro may include features and functionalities operated by AI Systems, mainly to improve productivity and optimize performance for Customer and its Users. The specific purpose(s) of AI Systems embedded into Nitro Sign and Nitro Pro are described in the Documentation and/or the applicable product user guides. Customer and Users are entirely free in their choice to use or not to use these features and functionalities and whether or not to use any Output Data generated.
3.2 Data Processed via AI Systems. Customer and its Users may use the AI Systems embedded in Nitro Sign and Nitro Pro by providing the AI Systems with Input Data and Prompts which will subsequently be processed by Nitro and the AI Systems for the purpose of creating Output Data, for providing the Services in general and for Nitro to perform its contractual obligations.
3.3 Transparency and Ethics. Customer acknowledges and agrees AI Systems may create incorrect, false or biased Output Data and Customer is ultimately responsible and accountable for its use of any Output Data. Customer will implement technical and organizational measures to ensure all Output Data is always subject to human review and professional judgement. Customer shall not use the AI System: (i) to reverse engineer Output Data in order to generate underlying information, including without limitation data used for training the AI Systems (model inversion attacks); or (ii) to generate, transmit, or otherwise manage fake or intentionally misleading data via any AI System. If Output Data generated by the AI System includes material that would violate a third party’s rights, Customer will not: (i) distribute or publish such Output Data or use the Output Data in any way that could cause harm to a third party or Nitro, and (ii) will immediately inform Nitro without delay.
3.4 NO WARRANTY; DISCLAIMERS. NITRO PDF AND NITRO SIGN MAY USE ARTIFICIAL INTELLIGENCE SYSTEMS TO PROVIDE CERTAIN FEATURES OR FUNCTIONALITIES, SUCH AS DATA ANALYSIS, SUMMARIES, WORKFLOW OPTIMIZATIONS, PREDICTIONS, RECOMMENDATIONS, AUTOMATION, PERSONALIZATION, OR OTHER OPTIMIZATION. NITRO DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF THE AI SYSTEMS OR THE GENERATED OUTPUT DATA. NITRO OFFERS NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO INTELLECTUAL PROPERTY, OR OTHER RIGHTS IN OUTPUT DATA AND CUSTOMER USES OUTPUT DATA AT ITS OWN RISK WITH REGARD TO ALL SUCH RIGHTS. CUSTOMER ACCEPTS ALL OUTPUT DATA ‘AS IS,’ WITH NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED.