Website Terms and Conditions

Last Update: October 20, 2025

1. Introduction & Acceptance of Terms

These Website Terms and Conditions (“Terms”) govern your access to and use of the Near AI website (https://near.ai), operated by Jasnah Inc., d/b/a Near AI (“Near AI,” “we,” “our,” or “us”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms (effective October 7, 2025), our Privacy Policy, and our Cookie Policy. If you do not agree, you must not use this Website.

If you access Near AI Cloud or related developer services, your use of those services is governed by the separate Near AI Cloud Terms of Service.

By accessing, browsing, or interacting with any part of the Website, you agree to comply with these Terms and all applicable laws and regulations. If you are acting on behalf of a company or organization, you represent that you are authorized to accept these Terms on its behalf.

Supplemental Terms
Certain features or services may be subject to additional terms and/or contracts (“Supplemental Terms”). If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will govern for those specific features.

 

2. Eligibility & Account Registration

You may use the Website only if you:

  • Are 16 years of age or older,
  • Have the legal capacity to enter into these Terms, and
  • Are not prohibited from using the Website under applicable laws.

 

By using the Website, you represent and warrant that you meet these requirements. You are responsible for maintaining the confidentiality of your login information and all activities under your account. Accounts must not be shared by several individuals.

Restricted Jurisdictions
You may not use the Website if a) you are located in, under the control of, or a national/resident of any country or region subject to U.S. embargoes or sanctions (including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine), or if you appear on any U.S. government restricted party lists, b) are not identified on, and are not owned or controlled by any person or entity identified on, any U.S. government restricted party lists (including the Specially Designated Nationals List, Denied Persons List, or Entity List), and (c) are otherwise eligible to receive the Services under applicable laws and regulations, including U.S. export-
control laws and international trade restrictions.

International Use
Access to the Website may not be legal in certain jurisdictions. You are responsible for compliance with local laws wherever you access the Website.

 

3. Limited License Clause

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for informational purposes in accordance with these Terms. You may not use the Website for any unlawful or commercial purpose without our prior written consent. You may not scrape, crawl, harvest, or automate access (e.g., bots or scripts) without written consent. Any rights not expressly granted herein are reserved and no license or right to use any trademark of NEAR or any third-party is granted to you in connection with the services.

 

4. Security & Compliance

You must not attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. We maintain commercially reasonable safeguards designed to protect our systems and information.

 

5. Aggregate / De-Identified Data

We may collect and use aggregated, anonymized, or de-identified information derived from Website usage to analyze trends and improve our services. We may collect usage metadata (e.g. timestamps, prompts length, usage volume) to monitor performance and detect abuse; such metadata is not tied to your identity and is processed in aggregate. The Website is not intended to collect or store Protected Health Information (PHI) under Health Insurance Portability and Accountability Act (“HIPAA”). Users must not input PHI. We apply technical and policy controls (e.g., redaction/filters) to reduce accidental PHI entry. If PHI is inadvertently provided, we will delete or secure it and handle it per this policy. HIPAA obligations do not apply unless expressly agreed between intended user and Near AI.

 

6. User Responsibilities & Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not:

  • Violate any applicable law or regulation;
  • Interfere with or disrupt the Website or servers;
  • Attempt to bypass or disable security measures;
  • Reverse engineer, decompile, or disassemble any portion of the Website;
  • Use the Website to transmit harmful code or spam;
  • Misrepresent your identity or affiliation;
  • Deploy “deepfakes” or synthetic media for illegal or deceptive purposes;
  • Benchmark or publish performance tests without full replication details.
  • Collect or harvest data from the Website without authorization; or
  • Input or share any confidential, proprietary, or personal information beyond what is necessary for your interaction.
  • Use the Website in a manner that exploits vulnerable individuals (e.g., children, the elderly, or persons with disabilities) or manipulates behavior unethically or deceptively.
  • Use the Website for automated decision-making that impacts fundamental rights without appropriate human oversight.
  • Use the Website to infringe upon intellectual property rights, privacy rights, or any other legal rights.
  • Misrepresent AI-generated content as human-created. Where required by law or regulation, you must disclose that the content was AI-generated and comply with applicable transparency obligations (e.g., under the EU AI Act or FTC guidance).

 

We reserve the right to suspend or terminate access for any violation.

 

7. Feedback & Submissions

If you submit feedback, ideas, or suggestions, you grant Near AI a perpetual, worldwide, royalty-free, irrevocable license to use and incorporate them into our products and services without obligation or compensation. You represent your Feedback does not include confidential or proprietary information.

 

8. Intellectual Property Rights

All content, features, and functionality on the Website (including text, graphics, logos, icons, and software) are owned by or licensed to Near AI and are protected by intellectual property laws.No intellectual property belonging to Near AI is intended to be transferred, licensed or assigned by way of these Terms or your usage of the Website, unless expressly mentioned herein. As between you and us, and to the maximum extent permitted by law, you own all right, title, and interest in and to the outputs generated for you, including intellectual-property rights therein, except for third party intellectual property which form a part of the output.

No Implied License
Nothing in these Terms grants you any rights or licenses under any intellectual property of Near AI or its affiliates, except as expressly stated.

Third-Party & Open Source Components
Certain components may be subject to separate open-source or third-party licenses. Where applicable, such terms will govern your use of those components.

User Content
You retain ownership of all content, data, text, or materials you submit (“Your Content”). You grant Near AI a worldwide, non-exclusive, royalty-free, limited license to host, reproduce, and process Your Content solely to operate, secure, and improve the Website and related AI Features. We may remove or disable any content that violates law or these Terms.

 

9. AI Previews, Experimental Features & Generated Content

The Website may include AI-powered preview or demo features (“AI Features”). By using these AI Features, you acknowledge and agree that:

  • Experimental Nature: AI Features are provided for informational and experimental purposes only and may produce incomplete, inaccurate, or unexpected results.
  • No Confidential Inputs: Do not enter confidential, proprietary, or personal information.
  • Data Usage: We may log interactions and usage data to operate, secure, and improve our services, consistent with our Privacy Policy.
  • Third-Party Providers: Certain AI Features may be powered by third-party services. Use of such features may be subject to their terms and privacy practices.
  • No Reliance: AI-generated outputs are not guaranteed to be accurate, complete, or suitable for reliance in business or legal decisions.

 

You retain any rights you may have in your prompts or inputs, subject to applicable law. You are responsible for reviewing outputs and using them responsibly.

 

10. Privacy & Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal data.

This Privacy Policy is incorporated by reference into these Terms.

 

11. Links to Third-Party Websites

The Website may contain links to third-party websites or services. We do not endorse or control, and are not responsible for, any third-party content, products, or services. Your use of third-party websites is at your own risk and subject to their terms. Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.

 

12. Indemnification

You agree to indemnify, defend, and hold harmless Near AI, its affiliates, officers, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Website or AI Features,
  • Your breach of these Terms, or
  • Your violation of any rights of a third party.

Near AI will promptly notify you of any claim and allow you to control the defense, provided that Near AI may participate with its own counsel at its expense.

 

13. Disclaimers

The Website and all content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied.
Near AI disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or free from harmful components.
No information, whether oral or written, obtained from Near AI or through the Website creates any warranty not expressly stated in these Terms.

 

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEAR AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEAR AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND ARISES FROM OR RELATES TO: (I) YOUR USE OR INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF THE WEBSITE.

IN NO EVENT WILL NEAR AI’s TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NEAR AI IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.

You agree that these limitations are reasonable.

 

15. Termination & Suspension

We may suspend or terminate your access to the Website at any time, with or without cause or notice, including if you violate these Terms and/or Supplemental Terms and/or any additional terms and/or any applicable laws.

You may discontinue use of the Website at any time, subject to terms stated in the Supplemental Terms. Upon termination, your rights under these Terms will immediately cease. We are not liable to you for any termination or suspension.

 

16. Electronic Communications

By using the Website, you consent to receive electronic communications from us, including legal notices and updates. You agree that all such communications satisfy any legal requirements for written notice.

 

17. Force Majeure

We are not responsible for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.

 

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, excluding its conflict of law principles.

Before filing any claim, you agree to attempt to resolve any dispute informally by contacting us at [email protected].

Any dispute arising from these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Delaware, unless prohibited by law. You may opt out of arbitration by notifying [email protected] within 30 days of first use.

 

19. Survival

Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification, and governing law shall survive termination.

 

20. Assignment & Relationship

You may not assign or transfer these Terms without our prior written consent. No agency, partnership, or joint venture is created by your use of the Website.

 

21. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a new effective date. Your continued use of the Website after such changes constitutes acceptance of the revised Terms. These Terms shall be read along and construed in harmony with any DPA, Supplemental Terms and applicable regional terms.

 

22. Severability, Waiver & Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Failure to enforce any right or provision shall not constitute a waiver.
These Terms, together with the Privacy Policy and any applicable Supplemental Terms, constitute the entire agreement between you and Near AI.

 

23. Contact Information

For questions or concerns about these Terms, please contact: [email protected]

 

24.Disclaimer

These Terms are provided for general informational purposes only and does not constitute legal advice. You should consult a qualified attorney for advice regarding your specific situation or jurisdiction.