Terms of Service

The Service Provider is Zbigniew Jaryst, conducting business under the name Zbigniew Jaryst – Nexir Systems (hereinafter: "Nexir").

For the purposes of the Terms of Service, the following definitions are adopted:

Organization
The entity using Nexir, being a party to the relationship with the Service Provider.

User
A natural person using Nexir on behalf of the Organization and within the scope of the rights granted to them.

Account
Access to the organization panel assigned to a specific User acting on behalf of the Organization.

Organization panel
The Nexir environment made available to the Organization as part of using Nexir, including the evaluation process and subsequent stages of using the service.

Verification session
A comparative process conducted under controlled conditions as part of the evaluation process.

Evaluation process
A structured stage of using Nexir serving the purpose of decision-making by the Organization, including the organization panel, materials, and the verification session.

Implementation
A further stage of using Nexir, following the completion of the evaluation process and a separate decision of the Organization.

Materials
Content, data, reports, summaries, visualizations, and other information made available by Nexir as part of the service.

Contact with the Service Provider is possible at the address: contact@nexir.ai.

The Terms of Service set out the rules for using:

• the Nexir public website,
• the application form,
• the organization panel.

Regarding the public website and the application form, the Terms of Service apply from the moment of using these elements. They apply in full from the moment of gaining access to the organization panel.

The rules for processing personal data are set out in a separate document – the Privacy Policy.

Nexir is a service provided in an organizational model that guides the Organization through a controlled evaluation process and supports decisions regarding further stages of using Nexir.

Nexir is not a utility tool in an individual model, an advisory service, or a system making decisions on behalf of the Organization.

The Organization uses Nexir, and Users act on its behalf and within the limits of the rights granted.

Rights and obligations related to using Nexir belong to or burden the Organization, unless the Terms of Service expressly state otherwise.

The organization panel is a standard element of using Nexir – initially it serves the evaluation process, and subsequently, it may support further stages of using the service.

Using Nexir includes three separate stages:

1. Access to the organization panel – is the entry point to using Nexir and the evaluation process. Access to the panel itself does not mean the start of implementation.
2. Verification session – is part of the evaluation process and serves to compare the working model under comparative conditions. The session itself does not mean the start of implementation.
3. Implementation – is a separate stage of using Nexir and requires a separate decision of the Organization and operational or commercial arrangements.

The transition to the next stage does not occur automatically.

Using Nexir begins in stages and in a controlled model.

At the public stage, access to the website and the application form is open, and their use takes place to a limited extent, in accordance with the Terms of Service.

Access to the organization panel opens the evaluation process, is selective in nature, and occurs after qualification conducted by Nexir.

The conditions for obtaining access to the organization panel are:

• acting on behalf of the Organization,
• providing true, current, and complete data,
• accepting the Terms of Service.

Nexir may refuse to grant access or terminate the process before it begins, in particular in the case of:

• non-compliance with Nexir's intended purpose,
• intent to use Nexir in a manner inconsistent with the purpose of the evaluation process,
• actions contrary to the rules of using Nexir or the security of the evaluation process,
• risk of abuse or security breach.

Obtaining access to the organization panel means the commencement of the evaluation process. Further stages, including implementation, require a separate decision of the Organization and separate arrangements.

Access to Nexir is provided through accounts assigned to the Organization.

Access to the organization panel is managed at the Organization level by Nexir.

The account provides access to the organization panel, is assigned to a specific User acting on behalf of the Organization, and remains under the control of the Organization.

The Organization manages User access within the granted access to the organization panel.

The User uses Nexir within the scope of rights granted to them and on behalf of the Organization.

It is unacceptable to:

• share accounts with unauthorized persons,
• share access,
• bypass access control mechanisms,
• create unauthorized access paths.

Nexir may limit, suspend, or revoke access in the event of a breach of the Terms of Service, a breach of security rules, actions contrary to Nexir's intended purpose, or suspected abuse or interference with Nexir's operation.

Nexir may use access control mechanisms, including functional, scope, and time limitations, as well as access deactivation.

The verification session is an element of the evaluation process.

The purpose of the verification session is to:

• compare the method of executing tasks in a specific working model,
• measure operational metrics,
• provide the Organization with data for further analysis.

The verification session:

• does not constitute an assessment of the User's competencies,
• is not an exam,
• does not constitute a forecast of implementation.

The verification session is conducted under controlled conditions, on a comparable scope of tasks, and in an environment ensuring the consistency of results.

The results of the session are comparative in nature and should be interpreted in the context of the conditions under which the session was conducted.

The rules set out in this section apply to all Nexir interfaces and access points.

It is particularly unacceptable to:

• bypass Nexir's control mechanisms or security measures,
• interfere with the operation of Nexir or its elements,
• use Nexir outside its intended purpose or outside the Organization's context,
• bypass Nexir's operating rules,
• automate access or actions in Nexir without Nexir's consent,
• scrape or otherwise automatically obtain information from Nexir,
• take actions that may compromise the security, integrity, or stability of Nexir.

The Organization is responsible for using Nexir within the granted access.

The obligations of the Organization include in particular:

1. Responsibility for Users and access
   The Organization is responsible for the actions of individuals to whom it has granted access to Nexir. This includes granting access to authorized persons, updating it, revoking access upon loss of authorization, and appropriately securing access data.

2. Compliant use of Nexir
   The Organization ensures that Users use Nexir in accordance with the Terms of Service, Nexir's intended purpose, and within the scope of the Organization's activities.

3. Responsibility for data, environments, and scope of using Nexir
   The Organization is responsible for using Nexir in the context of its own data, code, repositories, environments, and internal policies. The Organization independently decides whether and to what extent it permits the use of Nexir in this context, including operations executed using AI models and its own source code. The Organization is also responsible for the manner and scope of using the infrastructure of the AI model providers it uses, or its own intermediary solutions.

4. Responsibility for decisions and suitability assessment
   The Organization is responsible for decisions made on the basis of Nexir, the use of results, implementation, and its consequences. The Organization independently assesses whether Nexir is suitable for its needs and operational context.

5. Operational cooperation
   The Organization cooperates to the extent necessary to conduct the evaluation process and use Nexir.

The Organization's obligations are continuous in nature.

Nexir provides service elements supporting the evaluation process and further stages of using Nexir.

Nexir does not guarantee achieving specific results, obtaining business effects, repeatability of results, or suitability for a specific purpose.

Materials, data, and results made available as part of Nexir, including metrics and comparative summaries, have an informational and analytical character.

The Organization is independently responsible for the assessment of materials, data, and results, decisions made on their basis, and the use of Nexir in its operational context.

Nexir does not make decisions on behalf of the Organization nor does it replace its assessment of materials, data, and results.

Nexir is solely responsible for the operation of the service.

Nexir may develop, change, limit, or withdraw individual service functions, provided this does not violate separate arrangements binding the Organization and Nexir.

Nexir is not responsible for the operation or availability of AI models indicated by the Organization.

Nexir does not guarantee the uninterrupted availability of the service.

Nexir, including its architecture, operational mechanisms, process methodology, and materials made available as part of the service, constitutes the intellectual property of Nexir.

The following are protected in particular:

• the architecture and operating mechanisms of Nexir,
• technical and conceptual solutions,
• the evaluation process methodology,
• materials made available as part of Nexir,
• Nexir's know-how.

Using Nexir does not result in the transfer of intellectual property rights to the Organization or the User.

The Organization obtains a limited, non-exclusive right to use Nexir:

• to the extent resulting from the Terms of Service,
• for the needs of its own activity,
• as part of the evaluation process or further agreed stages.

It is particularly prohibited to:

• attempt to reconstruct the operation of Nexir, conduct reverse engineering, or decompile,
• use information obtained as part of using Nexir outside the scope of the service or to create competitive solutions,
• copy, reproduce, share, or distribute elements of Nexir without Nexir's consent.

Materials made available as part of Nexir may be used solely for the Organization's needs and may not be used to create other solutions.

The provisions of this section also apply after the termination of using Nexir.

Access to the organization panel and participation in the evaluation process, including the verification session, are free of charge.

Further stages of using Nexir, including implementation, are subject to separate arrangements.

Access to the organization panel or participation in the evaluation process does not mean the commencement of implementation or the automatic creation of financial obligations.

The lack of a decision to continue does not give rise to financial obligations, unless expressly agreed otherwise.

The terms of further cooperation, including implementation and use of Nexir after the completion of the evaluation process, are set out in separate documents, in particular in an order, operational attachment, or a separate agreement. These documents take precedence over these Terms of Service to the extent they regulate these issues.

The Terms of Service do not constitute a commercial offer or an independent basis for charging fees for further stages of cooperation.

Access to Nexir is staged in nature.

The termination of access may occur in three modes:

1. Natural End of a Stage

Access may expire after the completion of a given stage of using Nexir, in particular after the completion of the evaluation process, verification session, analysis of materials, the Organization making a decision, or the lack of such a decision.

The termination of access in this mode is systemic in nature and does not constitute a sanctionary action.

The Organization's lack of decision to continue is not treated as a violation or a basis for negative consequences.

2. Limitation, Suspension, or Termination of Access for Protective Reasons

Nexir may limit, suspend, or terminate access in the event of a breach of the Terms of Service, a breach of security rules, suspected abuse, actions contrary to Nexir's intended purpose, or attempts to interfere with Nexir's operation.

Actions in this mode may be temporary, permanent, or automatic.

3. Termination at the Organization's Request

Access may be terminated at the Organization's request or as a result of resigning from further use of Nexir.

After the termination of access, the Organization loses the ability to use the organization panel, and access and data may be limited, deactivated, or deleted in accordance with the Privacy Policy.

The termination of access does not affect the validity of provisions regarding intellectual property, rules of liability, and limitations on using Nexir.

The Organization may report operational issues regarding the operation of the organization panel, access to Nexir, the evaluation process, and ongoing use of Nexir to the address contact@nexir.ai.

Reports are handled appropriately to the nature of the matter and the stage of using Nexir.

The Terms of Service do not establish a guaranteed response time, unless separately agreed otherwise.

The Terms of Service may be amended in order to adapt them to Nexir, its operating model, or legal provisions.

Amendments to the Terms of Service are effective from the moment of publication. Nexir informs the Organization of significant changes.

Continued use of Nexir implies acceptance of the amendments to the Terms of Service.

Regarding the processing of personal data, the Privacy Policy applies.

If any of the provisions of the Terms of Service turn out to be invalid or ineffective, this does not affect the validity of the remaining provisions.

The Terms of Service are governed by the law applicable to the Service Provider's registered office.

Disputes related to the use of Nexir shall be resolved by the court competent for the Service Provider's registered office, subject to the provisions of the law.