NODEFOX TERMS OF SERVICE

Version 1.0 | Effective Date: April 8, 2026 | Last Updated: April 8, 2026

© 2025-2026 NodeFox LLC. All rights reserved.

IMPORTANT LEGAL NOTICE PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS, INCLUDING:

BINDING ARBITRATION AND CLASS ACTION WAIVER (Section 48), requiring disputes be resolved through individual arbitration rather than jury trials or class actions; LIMITATION OF LIABILITY (Section 40), limiting NodeFox's liability to NodeFox Platform Fees you have paid; DISCLAIMERS OF WARRANTIES (Section 39), disclaiming all warranties regarding the Services; INDEMNIFICATION OBLIGATION (Section 41), requiring you to indemnify NodeFox against certain claims; ONE-YEAR LIMITATION PERIOD FOR CLAIMS (Section 50); and COST RESPONSIBILITY, meaning you are solely responsible for all Third-Party AI costs, including from runaway execution or misconfiguration.

HEALTH AND VISUAL CONTENT WARNING CERTAIN FEATURES OF THE SERVICES MAY INCLUDE FLASHING LIGHTS, ANIMATED EFFECTS, RAPID TRANSITIONS, OR RAPIDLY CHANGING VISUAL PATTERNS. SUCH VISUAL CONTENT MAY TRIGGER SEIZURES, MIGRAINES, OR OTHER ADVERSE PHYSICAL REACTIONS IN INDIVIDUALS WITH PHOTOSENSITIVE EPILEPSY, VESTIBULAR DISORDERS, OR SIMILAR NEUROLOGICAL SENSITIVITIES. IF YOU HAVE A HISTORY OF SEIZURES, EPILEPSY, OR NEUROLOGICAL SENSITIVITIES, YOU SHOULD CONSULT A MEDICAL PROFESSIONAL BEFORE USING THE SERVICES. IF YOU EXPERIENCE DISCOMFORT, DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHING, INVOLUNTARY MOVEMENTS, DISORIENTATION, OR SEIZURE-LIKE SYMPTOMS WHILE USING THE SERVICES, DISCONTINUE USE IMMEDIATELY AND CONSULT A MEDICAL PROFESSIONAL. BY USING THE SERVICES, YOU ACKNOWLEDGE THIS WARNING AND ASSUME ALL RISKS ASSOCIATED WITH EXPOSURE TO ANIMATED OR FLASHING VISUAL CONTENT (SEE SECTION 21B).

CONSUMER PROTECTION NOTICE Nothing in these Terms shall limit or exclude any rights you may have under mandatory consumer protection laws of your jurisdiction that cannot be limited or excluded by contract. If you are a consumer in the EU, UK, or Australia, the mandatory consumer protection laws of your country of residence apply to the extent they provide greater protection than these Terms. This consumer protection savings clause applies globally throughout these Terms, including to the liability, indemnification, warranty, and arbitration provisions.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT: (A) THESE TERMS CONSTITUTE A COMPLETE LEGAL AGREEMENT AND YOU HAVE HAD THE OPPORTUNITY TO REVIEW THEM FULLY; (B) YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL; AND (C) YOU ACCEPT RESPONSIBILITY FOR UNDERSTANDING YOUR OBLIGATIONS.

WE ENCOURAGE YOU TO READ THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

THE SERVICES ARE CURRENTLY OFFERED IN BETA. The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. The beta designation applies to all tiers, including paid subscriptions.

THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.

BY CREATING AN ACCOUNT, ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED BY REFERENCE.

COST RESPONSIBILITY NOTICE THE SERVICES ENABLE YOU TO MAKE API CALLS TO THIRD-PARTY AI PROVIDERS USING YOUR OWN API KEYS. YOU ARE SOLELY RESPONSIBLE FOR ALL COSTS INCURRED FROM THIRD-PARTY SERVICES, INCLUDING COSTS RESULTING FROM WORKFLOW DESIGN ERRORS, INFINITE LOOPS, RUNAWAY EXECUTION, OR MISCONFIGURATION. THE SERVICES DO NOT CURRENTLY INCLUDE AUTOMATIC COST-BASED EXECUTION TERMINATION.

SUMMARY OF KEY TERMS This summary is for convenience only. The full Terms control.

PART I: GENERAL PROVISIONS

SECTION 1. AGREEMENT TO TERMS 1.1 Formation. These Terms of Service ("Terms," "Agreement") are a legally binding agreement between you ("you," "your," "User," or "Customer") and NodeFox LLC, a California limited liability company ("NodeFox," "Company," "we," "us," or "our"). This Agreement is effective as of the earlier of: (a) first access or use; (b) clicking "I Agree"; or (c) Account creation.

1.2 Acceptance. Acceptance occurs when you: (a) click an affirmative acceptance button; (b) create an Account; (c) complete registration; or (d) execute a separate written agreement incorporating these Terms.

1.3 Electronic Agreement. Your electronic acceptance has the same legal force as a handwritten signature.

1.4 Authority to Bind. If entering on behalf of an entity, you represent you have authority to bind that entity.

1.5 Incorporated Policies.

(a) You agree to be bound by these Terms and all incorporated policies.

(b) Binding Documents: Terms of Service (this document); EULA (https://www.nodefox.ai/legal/eula); Privacy Policy (https://www.nodefox.ai/legal/privacy); AUP (https://www.nodefox.ai/legal/aup); Cookie Policy (https://www.nodefox.ai/legal/cookies); DPA (https://www.nodefox.ai/legal/dpa); Refund Policy (https://www.nodefox.ai/legal/refunds); Free Trial Terms (https://www.nodefox.ai/legal/trial-terms); Marketplace Terms (https://www.nodefox.ai/legal/marketplace-terms); IP and DMCA Policy (https://www.nodefox.ai/legal/ip-policy); and any additional expressly incorporated policies.

(c) Informational Documents (no independent contractual obligations): Subprocessor List, Disclaimers, Accessibility Statement, Legal/Imprint Page - maintained at https://www.nodefox.ai/legal.

(d) The DPA applies automatically where NodeFox processes Personal Data subject to GDPR, UK GDPR, CCPA/CPRA, or other applicable data protection laws on your behalf.

(e) Order of Precedence: (i) Separate signed Enterprise Agreement (solely to extent it expressly supersedes); (ii) DPA (for data protection matters); (ii-a) Privacy Policy (for privacy matters including no-AI-training commitment - stricter of Privacy Policy and these Terms controls); (iii) these Terms; (iv) EULA (for software licensing); (v) all other incorporated policies.

1.6 Non-Acceptance. If you do not agree, you may not access or use the Services.

1.7 Changes to Terms. NodeFox may modify these Terms. Non-material changes become effective upon posting. For material changes, NodeFox will provide at least thirty (30) days' advance notice via email or prominent in-Service notice. Continued use after the effective date constitutes acceptance. If you disagree, you must stop using the Services.

1.8 Electronic Communications Consent. By using the Services, you consent to receive electronic communications from NodeFox.

1.9 Entire Agreement. These Terms and incorporated policies constitute the entire agreement. This clause does not limit rights that cannot be waived under applicable consumer protection law.

1.10 Jurisdictional Variations. Certain provisions may not apply where prohibited by law. If you are a consumer in the EU, UK, or Australia, the mandatory consumer protection laws of your country of residence apply to the extent they provide greater protection.

1.11 Acceptance Flow Integrity. Where the Services present a click-accept, acknowledgment, or equivalent assent flow, you agree not to bypass, obscure, automate around, tamper with, or misrepresent that flow. You may not script acceptance in a way that causes false records or inaccurate attribution of assent.

1.12 Acceptance Recordkeeping. NodeFox may maintain acceptance event logs including document version, timestamp, account/workspace identifier, consent surface identifier, and interaction metadata as reasonably necessary to document assent, enforce these Terms, address disputes, and satisfy legal obligations.

1.13 Re-Acceptance on Material Change. If NodeFox requires re-acceptance after material legal or policy changes, your continued use of affected features may be conditioned on completing updated acceptance flows. NodeFox may restrict affected functionality until updated assent is captured.

1.14 Organization Responsibility for Delegated Access. If you are an organization administrator, you are responsible for ensuring Authorized Users complete required acceptance flows before using policy-sensitive features in your Workspace. NodeFox may provide acceptance-state indicators as an aid, but final governance responsibility remains with Customer.

1.15 Consequences of Missing or Invalid Acceptance. If acceptance records are missing, invalid, or reasonably disputed, NodeFox may pause or restrict access to specific features, Workspaces, or Accounts pending remediation, additional verification, or renewed acceptance.

1.16 Survival for Evidentiary Purposes. Acceptance records, related metadata, and associated audit evidence may be retained after termination to the extent reasonably necessary for legal compliance, fraud prevention, dispute resolution, or enforcement of surviving obligations under these Terms.

1.17 User Security and Interface Responsibility. You are responsible for secure API-key handling, least-privilege credential design, spend-limit controls, and use of available safety/accessibility settings (including reduced flashing/lighting mode where provided). Any optional warnings or safeguards related to cross-site scripting (XSS), malicious code detection, or credential exposure are assistive only and not guaranteed.

SECTION 2. COMPANY INFORMATION 2.1 Legal Name: NodeFox LLC. Organized under California law (may convert to a Delaware corporation). Formed: 2025.

2.2 Registered Address: 2108 N St, Suite N, Sacramento, CA 95816, United States. Mailing Address: PO Box 1667, Ross, CA 94957, United States.

2.3 Contact Information.

2.4 NodeFox does not guarantee response times unless expressly agreed in writing.

SECTION 3. DEFINITIONS "Acceptable Use Policy" or "AUP" - the NodeFox AUP. "Account" - your user account. "Affiliate" - any entity controlling, controlled by, or under common control with a party (50%+ voting securities). "Aggregated Data" - data aggregated, anonymized, and de-identified such that it does not identify any individual. "AI Configuration Suggestions" - AI-generated content suggesting Workflow configurations, prompts, code, or schemas, including suggestions generated by the AI Suggest feature. "AI Features" - any AI, ML, LLM, NLP, or automated capabilities accessible through the Services via third-party AI providers or NodeFox directly, including the AI Suggest feature, DSL generation, AI-generated Networks, AI-assisted node configuration, and AI-powered code completion. AI Features route requests through your own API keys to your chosen third-party providers (with your selected default provider) unless NodeFox expressly states otherwise for a specific feature. "AI-Generated Workflows" - Workflows, networks, DSL configurations, or other configurations generated in whole or in part using AI Features or scripting features. "Automated Execution" - batch, repeated, scheduled, or automated execution of Workflows. "Authorized Users" - employees, contractors, and agents authorized under Customer's Account. "Beta Features" - features designated beta, preview, experimental, early access, pilot, alpha, or labs. "Business Day" - Monday-Friday excluding U.S. federal holidays, Pacific Time. "Confidential Information" - non-public information designated or reasonably understood as confidential. "Consequential Decision" - a decision materially impacting an individual's legal rights, financial status, employment, housing, insurance, education, or healthcare. "Content" - all data, text, images, audio, video, code, workflows, configurations, prompts, outputs, and other materials. "Customer Logic" - the specific configuration, arrangement, parameters, prompts, instructions, and logical structure of Workflows you create. "Data Processing Addendum" or "DPA" - the DPA governing processing of Personal Data on your behalf. "Default Configurations" - default configurations, starter templates, sample code, and pre-populated settings. "Desktop Application" - the NodeFox desktop application, if and when made available. "Digital Replica" - a computer-generated, highly realistic representation identifiable as a specific individual. "Documentation" - user guides, technical docs, API docs, and help materials. "DSL" - domain-specific language configurations, schemas, or scripts generated or interpreted by the Services. "Enterprise Agreement" - a separate written agreement signed by an authorized officer of NodeFox. "Hosted Services" - the optional hosted environment on NodeFox-managed cloud infrastructure, if and when made available. "Imported Content" - Workflows, custom nodes, functions, and components imported from external sources. "Input Data" - data, content, prompts, or instructions you submit to AI Features. "Marketplace" - the NodeFox marketplace for digital assets. "Marketplace Content" - digital assets available through the Marketplace. "NodeFox Content" - all Content owned by or licensed to NodeFox. "NodeFox Parties" - NodeFox LLC, its Affiliates, officers, directors, employees, agents, suppliers, licensors, subprocessors, and service providers. "NodeFox Platform Fees" - fees paid directly to NodeFox for platform access (subscriptions, Hosted Services, premium support), expressly excluding Third-Party Fees, payment processor fees, taxes, and pass-through costs. "Outputs" - results, data, content, or materials generated by or through the Services, including outputs from AI Suggest, DSL generation, and AI-generated Networks. "Personal Data" - as defined under applicable data protection laws. "Platform IP" - NodeFox's underlying technology: nodes, execution engine, runtime, UI, APIs, algorithms, source code, and architecture. "Services" - all websites, software, applications, APIs, tools, platforms, Marketplace, Desktop Application (if available), Hosted Services (if available), and related features. "Site" - https://www.nodefox.ai and subdomains. "Subscription" - your paid subscription. "Third-Party Fees" - fees for Third-Party Services not paid to NodeFox. "Third-Party Services" - third-party websites, platforms, APIs, AI providers, or services accessed through the Services. "Usage Data" - data about your use (execution counts, node usage, API volumes, resource consumption, feature utilization, session duration, error rates, performance metrics, login activity, approximate geolocation, recursion depth metrics, execution duration anomalies, execution patterns). "User Code" - custom code you write for Code nodes. "User Content" - any content, data, Workflows, prompts, configurations, or materials you upload, create, submit, or generate. "User Secrets" - API keys, credentials, tokens, passwords, or secrets you provide for integrations. "Visual Content" - any animations, transitions, flashing effects, rapid color changes, motion graphics, loading indicators, or other dynamic visual elements displayed by the Services. "Workflow" - any automated process, sequence, logic, configuration, or orchestration created using the Services. "Workspace" - a logical container holding your Workflows, nodes, functions, schemas, files, and settings.

Statutory references are illustrative and include successors, amendments, or substantially similar laws.

SECTION 4. DESCRIPTION OF SERVICES 4.1 Platform Overview. NodeFox provides a workflow orchestration platform for designing, building, and automating Workflows using visual interfaces, third-party AI provider connections, APIs, and data integrations. The platform includes AI-powered features (AI Suggest, DSL generation, AI-assisted Network building, and code completion) that route requests through your own API keys to your chosen third-party AI providers. NodeFox is not the AI provider. Features may change. The Services are not designed for regulated, safety-critical, or high-risk activities unless expressly agreed in writing.

4.2 WASM Execution Engine. The Services use a WebAssembly (WASM) engine for Workflow processing, executing client-side in your browser unless you opt in to Hosted Services. Subject to the same limitations as all other components.

4.3 Hosted Services. NodeFox may offer optional Hosted Services involving transmission and storage of Workspace data on NodeFox-managed cloud infrastructure, subject to different data handling considerations, these Terms, the Privacy Policy, and potentially additional fees.

4.4 Local-First Architecture. Workspace data is primarily stored in your browser's IndexedDB. Clearing browser data, switching browsers, or switching devices without exporting may result in permanent data loss. NodeFox cannot recover locally-stored data. You are solely responsible for backups.

4.5 Session State Loss. Execution state is maintained in browser memory and not persisted. If your browser tab crashes, your device loses power, or your session expires during execution, the execution terminates and all in-progress state, partial results, and context are lost. Third-Party Service costs already incurred and file operations already completed before interruption will not be reversed.

4.6 Third-Party Dependencies. Certain functions rely on third-party APIs. NodeFox does not guarantee the availability, accuracy, security, or performance of any Third-Party Services.

4.7 Rate Limiting. NodeFox may impose usage limits for stability and fair use. We may throttle or suspend access for excessive usage.

4.8 Service Modifications. NodeFox may modify, update, deprecate, suspend, or discontinue any aspect of the Services at any time, with or without notice.

4.9 System Requirements. Full functionality requires Chrome 86+, Edge 86+, or Opera 72+. Safari and Firefox may have limited functionality. NodeFox is not responsible for limitations from unsupported browsers.

4.10 Connectivity. An active internet connection is required. NodeFox is not responsible for limitations from connectivity issues, synchronization failures, or stale data.

4.11 Resource Limits. Workflows may be subject to execution timeouts, memory limits, payload size limits, and other constraints.

4.12 Infrastructure. The Services use third-party infrastructure providers (including Vercel, AWS, Supabase, Cloudflare, Google, Stripe, and Resend). NodeFox is not responsible for provider outages.

4.13 Desktop Application. References to the Desktop Application are conditional on NodeFox making it available.

SECTION 5. BETA STATUS 5.1 Beta Designation. THE SERVICES ARE PROVIDED ON A BETA BASIS. All features are beta unless NodeFox explicitly designates them generally available ("GA") in writing. Provided "AS IS" and "AS AVAILABLE."

5.2 No Reliance for Critical Use. You agree not to rely on the Services for: production or mission-critical workloads (unless you accept full responsibility); regulated or compliance-critical decision-making; uses where errors could cause significant harm, liability, or financial loss; professional advice; purposes requiring guaranteed correctness, determinism, reproducibility, availability, or security; authoritative legal or safety-relevant interpretations; high-risk AI system contexts; or safety-critical systems.

5.3 No SLA. No SLA, uptime guarantee, or performance warranty applies to any tier. Payment does not create entitlement to enhanced service levels.

5.4 Remedy for Extended Unavailability. If the Services are materially unavailable for a continuous period exceeding thirty (30) days, your sole remedy is to terminate your subscription and receive a prorated refund for the unavailable period. Does not apply to scheduled maintenance, force majeure, or your own actions.

5.5 Data Persistence. No guarantee of storage, integrity, persistence, or availability during beta. You are solely responsible for independent backups.

5.6 Feature Changes. Beta Features may change, break, or be removed without notice.

5.7 Prohibited Beta Uses. You may not: use Beta Features for production workloads unless you accept full responsibility; perform unauthorized stress or load tests; exploit bugs; market Beta Features as production-ready; represent regulatory compliance; embed Beta Features in products for third parties; store regulated data without authorization; or publish benchmarks without NodeFox's prior written authorization (except factual, non-misleading good-faith reviews).

5.8 Beta Exit. NodeFox makes no commitment regarding GA release timing or scope. Pricing may change upon GA.

SECTION 6. ELIGIBILITY AND ACCOUNTS 6.1 Age. You must be 18+. NodeFox may verify age/identity and may terminate Accounts believed to be under 18.

6.2 Registration. You must provide accurate, current, and complete registration information and maintain it.

6.3 Account Security. You are responsible for maintaining credential confidentiality and all activity under your Account. Notify security@nodefox.ai immediately of unauthorized use. You may not share credentials, permit multiple users on single-seat accounts, sell or transfer Accounts without written permission, or create accounts under false identities.

6.4 Organization Accounts. Organization administrators may access Account data within the organization Workspace. Enterprise customers may create sub-accounts subject to aggregate user limits.

6.5 Third-Party Authentication. If you use third-party authentication (e.g., Google Sign-In), you authorize NodeFox to receive information as described in the Privacy Policy.

6.6 Session Security. Sessions may expire after inactivity. Session expiration during execution causes termination and loss of in-progress state. Third-Party costs already incurred are not reversed.

6.7 Account Limits. NodeFox may impose per-Account limits on Workflows, executions, storage, API calls, or other resources. You may not create multiple Accounts to circumvent limits.

6.8 Competitor Restriction. If you are an employee, contractor, or agent of a direct competitor of NodeFox, you may not access the Services for competitive analysis, benchmarking, or intelligence-gathering without NodeFox's prior written consent.

6.9 Fraud Prevention. NodeFox may take enforcement actions including suspension, termination, and reporting to law enforcement for suspected fraud, abuse, or violations.

SECTION 7. USER REPRESENTATIONS AND WARRANTIES 7.1 By using the Services, you represent and warrant that: (a) you are 18+; (b) registration information is true and accurate; (c) you have legal capacity; (d) you will not access through unauthorized automated means; (e) you will not use for illegal purposes; (f) you have all necessary rights for User Content; (g) your User Content does not violate law or third-party rights; (h) you are not subject to U.S. sanctions or on any restricted party list; (i) you comply with applicable AI, data protection, and export laws; (j) if using AI Features for decisions affecting individuals, you will implement appropriate human oversight and comply with applicable AI governance laws; (k) you have reviewed the Health and Visual Content Warning and have no medical condition that would make use of the Services inadvisable without medical supervision (or you have obtained appropriate medical guidance); and (l) all other representations throughout these Terms.

7.2 NodeFox may suspend or terminate your Account without refund for breach of representations.

PART II: INTELLECTUAL PROPERTY

SECTION 8. INTELLECTUAL PROPERTY RIGHTS 8.1 NodeFox IP. NodeFox and its licensors retain all rights in the Services, Platform IP, NodeFox Content, and Marks. Nothing transfers ownership.

8.2 Trademark. "NodeFox" has a pending USPTO registration. No use without prior written permission except factual reference.

8.3 Limited License. Subject to compliance, NodeFox grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services for personal or internal business purposes.

8.4 Restrictions. You may not: copy, distribute, or commercially exploit the Services without permission; reverse engineer (except as permitted by applicable law that cannot be waived, including EU Software Directive Article 6); benchmark for competitive purposes without consent; use Platform IP to train, develop, or improve competing AI orchestration products (this does not limit your right to use your own Outputs for your own purposes); redistribute Marketplace Content without authorization; remove proprietary notices; scrape data from the Services; white-label or rebrand; or resell without a separate agreement.

8.5 Digital Replica Prohibition. You may not use the Services to create Digital Replicas without verifiable consent of the depicted individual.

8.6 Patent Rights. NodeFox may hold patents related to its technology. Your use grants a limited, non-exclusive, non-transferable, revocable license to use patented technology solely as embodied in the Services during your subscription. This license does not grant rights to practice patents outside the Services, create independent implementations, sublicense, or use patented technology after termination.

8.7 Reservation. All rights not expressly granted are reserved. Breach of IP provisions is a material breach.

SECTION 9. USER CONTENT AND OWNERSHIP 9.1 Your Ownership. You retain all rights in User Content, Input Data, and Customer Logic. NodeFox does not claim ownership.

9.2 AI Output Ownership. You retain rights in Outputs generated using your Input Data (including Outputs from AI Suggest, DSL generation, and AI-generated Networks), subject to NodeFox's Platform IP rights, third-party AI provider rights, and applicable law regarding copyrightability of AI-generated content. AI-generated Outputs may not be protectable by copyright under current law.

9.3 Composite Works. Workflows are composite works containing your Customer Logic and NodeFox's Platform IP. You own your Customer Logic; NodeFox retains Platform IP.

9.4 License to NodeFox. You grant NodeFox a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, host, transmit, display, and distribute User Content solely for: operating, providing, maintaining, and improving the Services (excluding AI model training); providing support; ensuring compliance; and as described in the Privacy Policy. "Improving" includes platform features through aggregate and anonymized analysis (recommendation systems, search relevance, Workflow suggestions). This license continues while User Content is stored on or processed by the Services and terminates upon deletion, subject to reasonable backup retention and legal obligations.

9.5 Aggregated Data. NodeFox owns Aggregated Data and may use it for any lawful purpose, provided it does not identify you.

9.6 Permitted Operational Uses. NodeFox may use anonymized, aggregated behavioral signals (not substantive content) for security and threat detection, abuse prevention, platform feature improvement, and anomaly detection. These do not involve training general-purpose AI models on your content.

9.7 Compliance and Safety Exception. NodeFox may process User Content to the limited extent necessary to: comply with law; enforce Terms; detect and prevent fraud, abuse, or security threats; protect safety; and comply with mandatory content reporting (such as CSAM reporting under 18 U.S.C. § 2258A).

9.8 Content Review. NodeFox does not pre-screen User Content but may review, monitor, and remove content violating these Terms or law.

9.9 Canonical No-Training Statement. NodeFox does not use User Content, Inputs, Outputs, or Workflows to train, fine-tune, or develop AI/ML models. This is the canonical statement. All other references are intended to be consistent; if inconsistent, the stricter protection controls.

9.10 Generated Code. You own generated code subject to Platform IP, third-party AI provider terms, and copyrightability limitations. You are solely responsible for reviewing generated code.

9.11 Data Portability. NodeFox will provide data export in JSON format to facilitate portability of Customer Logic.

SECTION 10. FEEDBACK 10.1 If you provide feedback, suggestions, or submissions ("Feedback"), you grant NodeFox a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use Feedback for any purpose without restriction.

10.2 NodeFox has no obligation to maintain Feedback in confidence, pay compensation, or implement Feedback.

10.3 To the extent permitted by law, you waive moral rights in Feedback (not in User Content generally).

10.4 NodeFox may use general knowledge retained in unaided memory from providing the Services, provided such use does not disclose your Confidential Information.

SECTION 11. DMCA AND COPYRIGHT 11.1 NodeFox respects IP rights and expects users to do the same.

11.2 DMCA Notices. Must include: identification of the copyrighted work; identification of infringing material; your contact information; a good faith belief statement; a statement under penalty of perjury; and your signature. Send to: NodeFox LLC, PO Box 1667, Ross, CA 94957 - dmca@nodefox.ai.

11.3 Counter-Notifications. Must include: identification of removed material; a good faith belief statement; consent to jurisdiction; and your signature.

11.4 NodeFox will terminate accounts of repeat infringers.

11.5 Watermarking. Where AI-generated content includes watermarks or provenance indicators required by law (including California SB 942), you must maintain them. Failure is a material breach. You have fourteen (14) days from notice to cure; failure results in immediate revocation of your license to the affected content.

PART III: COMMERCIAL TERMS

SECTION 12. PAYMENTS AND SUBSCRIPTIONS 12.1 Payment Processing. All payments are processed through Stripe, Inc. You authorize NodeFox to charge your payment method.

12.2 Billing Information. You must provide accurate billing information and update it promptly. You are responsible for all charges on your Account.

12.3 Pricing. All prices are in USD and exclusive of applicable taxes, duties, and levies. NodeFox may change pricing with at least thirty (30) days' notice. Price changes take effect at the next renewal period.

12.4 Subscription Billing. Paid subscriptions are billed in advance on a monthly or annual basis. Subscriptions automatically renew at the end of each billing cycle at the then-current price unless cancelled before renewal.

12.5 Cancellation. Cancel via Account settings or billing@nodefox.ai before the end of the current billing period. Cancellation takes effect at the end of the current period. You retain access until then.

12.6 Non-Refundable Fees. All fees are non-refundable except as stated in the Refund Policy (https://www.nodefox.ai/legal/refunds) or required by applicable law.

12.7 Third-Party Fees. Third-Party Fees (AI provider API costs, cloud costs, payment processing fees) are your sole responsibility. NodeFox does not control, monitor, cap, or refund Third-Party Fees.

12.8 Taxes. You are responsible for all applicable taxes. If NodeFox is required to collect, taxes will be added to your invoice. International users are responsible for all customs, duties, and foreign taxes.

12.9 Billing Errors. Contact billing@nodefox.ai within thirty (30) days of a billing error. NodeFox will investigate and correct verified errors.

12.10 Unauthorized Charges and Chargebacks. Chargebacks filed without first attempting resolution through NodeFox may result in Account suspension and a reasonable administrative fee.

12.11 Paid Tiers. Payment does not create entitlement to enhanced service levels, SLAs, priority support, or guaranteed feature access beyond what is described for your plan.

12.12 Seat Audits. If an audit reveals you exceeded authorized seats, you must pay the difference plus NodeFox's reasonable administrative costs, not to exceed 10% of the underpayment.

12.13 Late Payment. Unpaid amounts accrue interest at the lesser of 1% per month or the maximum rate permitted by law. NodeFox may suspend access after ten (10) days' written notice of non-payment.

12.14 Plan Changes. Upgrades take effect immediately with prorated charges. Downgrades take effect at the next renewal period.

12.15 Credits and Promotions. Credits are non-transferable, non-refundable, and expire as stated. NodeFox may revoke credits obtained through abuse, fraud, or violation of Terms.

SECTION 13. FREE TRIAL 13.1 NodeFox may offer free trials at its discretion. Eligibility is limited to one trial per person/entity.

13.2 You may be required to provide payment information. If you do not cancel before the trial ends, your subscription automatically converts to a paid plan at the then-current price.

13.3 Free trials are provided "AS IS" with no support obligation or SLA.

13.4 If you are a consumer in the EU/UK, you may have a right of withdrawal from paid subscriptions within 14 days of purchase under the Consumer Rights Directive, subject to applicable exceptions.

13.5 Zero Liability. To the maximum extent permitted by law, and except as provided in Section 40.7, NodeFox has zero ($0) liability for claims arising from free trial access.

SECTION 14. FREE TIER 14.1 NodeFox may offer a Free Tier. Free Tier access is provided "AS IS" with no support obligation, SLA, or guarantees of availability, features, or performance.

14.2 All Terms apply to Free Tier users. NodeFox may modify or discontinue Free Tier access at any time.

14.3 NodeFox may terminate dormant Free Tier Accounts after extended inactivity with reasonable notice.

14.4 Zero Liability. To the maximum extent permitted by law, and except as provided in Section 40.7, NodeFox has zero ($0) liability for claims arising from Free Tier access.

SECTION 15. REFUNDS 15.1 All fees are non-refundable except: (a) as stated in the Refund Policy; (b) for the Extended Unavailability remedy in Section 5.4; or (c) as required by applicable law.

15.2 EU/UK consumers may have a right of withdrawal within 14 days of purchase, subject to applicable exceptions. Australian consumers are entitled to a replacement or refund for a major failure under the Australian Consumer Law.

15.3 Third-Party Fees are never refundable by NodeFox.

15.4 The complete Refund Policy is at https://www.nodefox.ai/legal/refunds.

SECTION 16. PUBLICITY 16.1 With your prior written consent, NodeFox may use your name and logo on marketing materials. Without such consent, NodeFox may identify you as a customer in text form (without logo) unless you opt out.

16.2 Opt-Out. Send "Publicity Opt-Out" to privacy@nodefox.ai.

16.3 NodeFox's use of your name does not constitute endorsement. Testimonials and case studies require separate written consent.

SECTION 17. ENTERPRISE 17.1 Enterprise Agreements may establish SLAs, audit rights, source code escrow, insurance requirements, and business continuity terms. These are available only through a separately executed agreement.

17.2 Enterprise Agreements may override beta designations solely to the extent expressly stated therein.

17.3 No audit, escrow, or enhanced service rights exist absent an Enterprise Agreement.

PART IV: PLATFORM FEATURES

SECTION 18. MARKETPLACE 18.1 The Marketplace provides a platform for discovering, sharing, and acquiring Workflows, templates, custom nodes, and digital assets. Features will be made available incrementally.

18.2 NodeFox Content. NodeFox-provided Marketplace content is provided "AS IS." Third-party dependencies may cause content to malfunction or become unavailable. NodeFox does not guarantee compatibility across versions.

18.3 Third-Party Content. Third-party Contributors are responsible for their content. NodeFox does not endorse, verify, or audit third-party content. Third-party Marketplace content may contain code that executes on your system, makes outbound network requests, or processes your data. You are solely responsible for reviewing and validating all Marketplace Content before use.

18.4 Disclaimer. NodeFox disclaims all liability for harm arising from Marketplace Content, including third-party content that malfunctions, contains vulnerabilities, or causes data loss.

18.5 Marketplace Purchases. Marketplace purchases are governed by the Marketplace Terms (https://www.nodefox.ai/legal/marketplace-terms). NodeFox may exercise contributor clawback and step-in rights to protect users.

18.6 No Scraping. Systematic scraping, harvesting, or bulk downloading of Marketplace Content is prohibited.

SECTION 18A. CUSTOM NODES 18A.1 Custom nodes contain user-written code executing within the platform sandbox. NodeFox does not review custom node code for security or correctness. You are responsible for testing and validation. Custom nodes may interact with file systems and external services. NodeFox disclaims all liability for harm from custom node execution.

SECTION 19. SOFTWARE AND DESKTOP APPLICATION 19.1 The Desktop Application, if and when made available, is licensed (not sold) under the EULA. Software is provided "AS IS." You may not modify, decompile, reverse engineer (except as permitted by law), or create derivative works. The EULA controls for software licensing matters.

SECTION 19A. MCP SERVERS 19A.1 The Services may support MCP (Model Context Protocol) server integration. MCP servers are third-party services outside NodeFox's control. Data transmitted to MCP servers is governed by the operator's terms. NodeFox does not audit, review, or guarantee MCP server security, accuracy, or behavior. MCP tools may perform actions on your behalf including reading files, executing code, and accessing external services. You are responsible for evaluating trustworthiness before connecting. NodeFox is not liable for MCP server harm.

SECTION 20. THIRD-PARTY SERVICES AND INTEGRATIONS 20.1 The Services enable integration with Third-Party Services. NodeFox makes no warranties regarding Third-Party Services. Your use is at your own risk and governed by their terms.

20.2 Third-Party AI Providers. When you configure Third-Party AI providers (including through AI Suggest, DSL generation, and AI-generated Networks): (a) they receive and process your Input Data under their own terms; (b) NodeFox does not control their behavior, availability, data practices, or model quality; (c) you are responsible for their terms, fees, and opt-outs; (d) providers may use data to train their models unless you opt out under their terms; (e) NodeFox is not liable for outputs, harm, or provider actions; (f) AI model availability, capabilities, and behavior may change without NodeFox's control or notice; and (g) NodeFox does not warrant that any particular AI model or provider will remain available or compatible with the Services.

20.3 API Key Storage. Keys are stored in browser IndexedDB with available cryptographic protections. You acknowledge attack vectors including compromised browsers, malicious extensions, and physical access.

20.4 Direct API Calls. API calls go directly from your browser to the provider (not through NodeFox servers). NodeFox does not proxy, log, or store the substantive content of these calls.

20.5 Multi-Provider Data Flows. If you use multiple providers, data from one may be transmitted to another. You are responsible for cross-provider compliance.

20.6 NodeFox is not liable for Third-Party Service outages, pricing changes, API changes, or enforcement actions. You bear all Third-Party Fees. Model behaviors and availability change without NodeFox's control.

PART V: AI, AUTOMATION, AND DATA

SECTION 21. AI USE AND DISCLAIMERS 21.1 Orchestration Role. NodeFox is a workflow orchestration platform. You bring your own keys; intelligence comes from third parties, not NodeFox. AI Features (including AI Suggest, DSL generation, and AI-generated Networks) route requests through your own API keys to your chosen third-party providers. NodeFox is not the AI provider and does not generate AI outputs directly.

21.2 No Accuracy Guarantee. AI Outputs may be inaccurate, incomplete, biased, misleading, or factually incorrect. This applies to all AI-powered features, including AI Suggest suggestions, DSL configurations, AI-generated Network structures, and AI-powered code completions. NodeFox does not guarantee accuracy, correctness, safety, legality, or suitability. Do not rely on factual assertions without independent verification.

21.3 User Responsibility. You are solely responsible for all actions, configurations, decisions, and outcomes. This includes all configurations suggested by AI Suggest, all DSL generated by AI Features, and all Networks or Workflows created through AI-assisted features. You must review, validate, and test all AI-generated content before use.

21.4 No Professional Advice. The Services do not constitute legal, financial, medical, engineering, tax, or other professional advice. NodeFox is not your fiduciary, agent, advisor, or partner.

21.5 Workflow Security and Prompt Injection. Data flows between nodes through defined connections. Data from one node's output may be inserted into another's prompts, creating prompt injection risk. You are responsible for sanitizing data, implementing input validation, and designing Workflows to avoid passing untrusted data into sensitive positions. NodeFox does not automatically sanitize data flowing through connections.

21.6 AI Configuration Suggestions (AI Suggest). The AI Suggest feature generates system prompts, schemas, code, DSL configurations, and other suggestions by routing requests through your own API keys to your selected third-party AI provider (with your configured default). AI Suggest is enabled by default on user accounts. AI Suggest suggestions are generated entirely by third-party AI models, not by NodeFox. NodeFox does not control, review, validate, or endorse suggestions generated by AI Suggest. You must review all AI-generated configurations before applying. NodeFox is not liable for configurations that introduce vulnerabilities, logic errors, security risks, data loss, excessive API costs, or unintended behavior. The availability of specific AI models through AI Suggest depends on your API key configuration and the third-party provider's service; NodeFox does not guarantee that any particular model will be available.

21.7 DSL Generation. The Services may generate or interpret domain-specific language (DSL) configurations, schemas, and scripts using AI Features. DSL generation routes through your own API keys. Generated DSL may contain syntax errors, logic flaws, incompatible configurations, or unintended behavior. You must review, test, and validate all generated DSL before execution. NodeFox does not warrant the correctness, safety, or compatibility of generated DSL. NodeFox is not liable for harm, data loss, or costs resulting from execution of AI-generated DSL.

21.8 AI-Generated Networks. The Services may generate Network structures, node configurations, and Workflow architectures using AI Features. AI-generated Networks route through your own API keys. Generated Networks may contain logic errors, inefficient routing, incorrect assumptions, excessive node counts, circular references, or resource-exhaustive patterns. AI-generated Networks must be reviewed and tested before execution and are your sole responsibility once applied. NodeFox is not liable for costs, errors, data loss, or other harm from AI-generated Networks.

21.9 Runaway Execution and Cost - CRITICAL. YOU ARE SOLELY RESPONSIBLE FOR ALL THIRD-PARTY COSTS THROUGH YOUR WORKFLOWS, INCLUDING WORKFLOWS CREATED OR MODIFIED BY AI FEATURES. The Services do not include automatic cost-based termination. Workflows (including AI-generated Workflows) may loop, cascade, or consume resources without built-in limits. A single misconfiguration could generate substantial fees. NodeFox does not monitor, cap, or limit your Third-Party spending. You must implement your own controls and configure conservative limits with your providers. NodeFox is not liable for any Third-Party Fees regardless of cause, including fees resulting from AI Suggest suggestions, AI-generated DSL, or AI-generated Networks.

21.10 Default Configurations. Defaults are for convenience only, may not suit your use case, may reference unavailable models, and may change. The default AI provider for AI Suggest may change. NodeFox is not liable for reliance on defaults.

21.11 Code Execution Sandbox. Code nodes execute user-written JavaScript in a sandboxed Web Worker. NodeFox does not review, audit, or validate User Code. User Code may be made available to AI models as "tools" invocable with unanticipated inputs. You must ensure safe handling of unexpected inputs. NodeFox is not liable for User Code harm.

21.12 File Operations. Reader and Writer nodes enable file system access. File operations are irreversible. NodeFox does not maintain backups of files accessed through file operations. You are solely responsible for your own backups.

21.13 Batch and Automated Execution. Batch processing amplifies all risks: errors affect entire datasets, costs multiply, and file operations execute at scale. Test with small datasets first. This applies equally to AI-generated Workflows and manually configured Workflows.

21.14 Global Variables. Global variables shared across nodes may introduce cross-Workflow dependencies. NodeFox does not guarantee persistence, ordering, or isolation of global state.

21.15 AI Tool Use and Web Search. AI models may search the internet, fetch URLs, and invoke tools including User Code. Externally-retrieved content may be inaccurate, malicious, or change. NodeFox does not verify externally-retrieved content.

21.16 Imported Content. Imported Content is not audited by NodeFox. It may contain malicious code, prompt injection, excessive API configurations, or unintended behaviors. You must review and validate before execution.

21.17 Execution Ordering. NodeFox does not guarantee specific execution ordering beyond activation edges, exactly-once execution, atomicity across nodes, or deterministic timing. Design with error handling and idempotency.

21.18 Cost Estimates. Cost estimates are approximations. Actual charges may differ. NodeFox is not liable for discrepancies.

21.19 AI Chat. In-platform AI Chat uses Third-Party AI Services, may provide incorrect guidance, does not constitute official support, and should not be relied upon for critical decisions.

21.20 User Applications. If you build User Applications for end users, you are solely responsible for content, accuracy, legality, harm to end users, applicable law compliance, providing your own terms and privacy policies, and not exposing NodeFox Platform IP.

21.21 Permissions. Workspace permissions are access controls, not a security boundary. You are responsible for proper configuration.

21.22 Compound Risk. Using multiple features together (e.g., AI-generated configurations + batch execution + file write access) creates compound risks. AI Features combined with automation features can amplify errors exponentially. NodeFox is not liable for amplified damages from feature interactions.

21.23 No Training on Outputs. NodeFox does not use your Outputs to train AI/ML models. Third-party AI providers may under their terms.

21.24 No AI Provider Guarantee. NodeFox does not guarantee: (a) that any specific AI model, provider, or capability will remain available; (b) the quality, accuracy, or consistency of AI outputs across providers or model versions; (c) backwards compatibility of AI Features when providers update their models; or (d) that AI Suggest, DSL generation, or AI-generated Networks will produce usable results. AI model deprecation, rate limiting, or provider changes may affect AI Features without NodeFox's control.

SECTION 21A. AI FEATURE ARCHITECTURE AND LIABILITY BOUNDARIES 21A.1 API Key Routing. All AI Features (AI Suggest, DSL generation, AI-generated Networks, code completion, AI Chat) route requests through your own API keys to your chosen third-party AI providers. NodeFox transmits your requests to the provider you have configured and returns the provider's responses. NodeFox does not: (a) generate AI outputs using its own models; (b) modify, filter, or alter provider responses (except for formatting within the platform interface); (c) guarantee any particular provider's availability, pricing, or behavior; or (d) assume responsibility for provider terms, data practices, or outputs.

21A.2 Provider Selection. You select your AI provider and model. NodeFox may configure a default provider for convenience; you may change this at any time. NodeFox is not responsible for the default provider's behavior, pricing changes, terms, or data practices.

21A.3 No Intermediary Liability. Because AI Features route through your own API keys to your chosen providers, NodeFox is a workflow tool facilitating your direct relationship with your provider. NodeFox is not an intermediary, reseller, or sub-processor of AI services and assumes no liability for AI provider actions, outputs, failures, breaches, or data handling. Your legal relationship for AI services is directly with your provider under their terms.

21A.4 Feature-Specific Disclaimers. Without limiting the foregoing: (a) AI Suggest may generate configurations that are incorrect, insecure, or incompatible; (b) DSL generation may produce syntactically invalid or logically flawed output; (c) AI-generated Networks may create architectures that are inefficient, error-prone, or cost-prohibitive when executed; and (d) AI code completion may generate code containing bugs, security vulnerabilities, or license-incompatible content. You must review all AI Feature outputs before use.

SECTION 21B. HEALTH, VISUAL CONTENT, AND PHYSICAL SAFETY 21B.1 Visual Content Warning. The Services may display Visual Content including animations, transitions, flashing effects, rapid color changes, progress indicators, motion graphics, loading animations, and other dynamic visual elements. Such content may trigger seizures, migraines, vestibular disturbances, or other adverse physical reactions in individuals with photosensitive epilepsy, vestibular disorders, motion sensitivities, or similar neurological conditions.

21B.2 Medical Precaution. If you have a history of seizures, epilepsy, photosensitive conditions, vestibular disorders, or neurological sensitivities, you should consult a medical professional before using the Services. If you experience discomfort, dizziness, altered vision, eye or muscle twitching, involuntary movements, nausea, disorientation, or any other adverse symptoms while using the Services, discontinue use immediately and consult a medical professional.

21B.3 Assumption of Risk. By using the Services, you acknowledge the Health and Visual Content Warning in this Section and at the top of these Terms. To the maximum extent permitted by applicable law, you assume all risks associated with exposure to Visual Content within the Services, including animated and flashing visual elements.

21B.4 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NODEFOX SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, BODILY HARM, SEIZURES, OR OTHER PHYSICAL OR PSYCHOLOGICAL ADVERSE REACTIONS ARISING FROM EXPOSURE TO VISUAL CONTENT IN THE SERVICES, EXCEPT WHERE SUCH LIABILITY ARISES FROM NODEFOX'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. MANY JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR PERSONAL INJURY CAUSED BY NEGLIGENCE; IN SUCH JURISDICTIONS, NODEFOX'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21B.5 Right to Modify Visual Content. NodeFox reserves the right to modify, reduce, or provide alternative display modes for Visual Content at any time, including to improve accessibility, without notice or liability.

21B.6 No Medical Advice. The Services do not provide medical advice. The Health and Visual Content Warning is for informational purposes. You are responsible for evaluating whether the Services are safe for your personal health circumstances.

21B.7 Ergonomic and Physical Risks. Extended use of the Services may cause repetitive strain injuries, eye strain, fatigue, or other ergonomic harm. You are responsible for taking appropriate breaks and maintaining a safe working environment. NodeFox disclaims liability for ergonomic or repetitive-use injuries to the maximum extent permitted by law.

SECTION 22. AUTOMATION AND AGENT-LIKE FUNCTIONALITY 22.1 Workflows may perform autonomous actions: sending messages, modifying data, executing API calls, processing transactions, and invoking AI models.

22.2 No AI Autonomy Defense. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU MAY NOT ASSERT THAT AI AUTONOMY, AGENT INDEPENDENCE, EMERGENT BEHAVIOR, OR UNFORESEEABLE AI DECISIONS EXCUSES YOU FROM LIABILITY. YOU REMAIN LEGALLY RESPONSIBLE FOR ALL OUTCOMES AS IF YOU HAD PERSONALLY PERFORMED EACH ACTION. This applies equally to actions taken by AI-generated Workflows, DSL, and Networks.

22.3 You are responsible for safeguards, testing, monitoring, and human oversight over autonomous actions. NodeFox disclaims liability for autonomous action consequences.

22.4 Kill Switch. You must maintain the ability to immediately halt any Workflow. If NodeFox provides emergency stop mechanisms, you may not disable or circumvent them.

22.5 Named Accountability. For Enterprise or Team Accounts, the organization must designate a named individual accountable for AI and automation governance.

SECTION 23. AUTOMATED DECISION-MAKING 23.1 NodeFox does not make autonomous Consequential Decisions about you. If the Services assist in processing data that contributes to Consequential Decisions, you are the decision-maker.

23.2 If you use the Services for Consequential Decisions, you must: implement meaningful human oversight; conduct appropriate impact assessments; provide required disclosures to affected individuals; maintain records; comply with applicable AI governance laws; and not use automated systems as the sole basis for decisions with legal or similarly significant effects unless permitted by law and appropriate safeguards exist.

23.3 Algorithmic Discrimination. You are responsible for preventing algorithmic discrimination in your use. NodeFox does not audit Workflows for discriminatory impact.

23.4 Correction Rights. Where applicable law provides individuals the right to correction of decisions made via automated processing, you are responsible for implementing correction mechanisms.

SECTION 24. PRIVACY AND DATA PROTECTION 24.1 The Privacy Policy (https://www.nodefox.ai/legal/privacy) is incorporated by reference and governs collection, use, retention, and disclosure of Personal Data.

24.2 NodeFox processes data primarily in the United States. Where NodeFox processes Personal Data on your behalf, the DPA applies.

24.3 NodeFox does not knowingly collect information from persons under 18. The Services are not directed to children.

24.4 Exercise data subject rights at privacy@nodefox.ai. The Cookie Policy applies at https://www.nodefox.ai/legal/cookies.

24.5 No data residency outside the U.S. is currently offered. NodeFox complies with applicable U.S. state privacy laws as described in the Privacy Policy.

SECTION 25. ENTERPRISE DATA PROCESSING 25.1 Where NodeFox acts as processor, the DPA governs. The DPA applies automatically where applicable and is available at https://www.nodefox.ai/legal/dpa.

25.2 International data transfers are governed by the DPA and applicable transfer mechanisms (SCCs, UK Addendum).

SECTION 26. SUBPROCESSORS 26.1 NodeFox uses subprocessors to provide the Services. The current list is at https://www.nodefox.ai/legal/subprocessors.

26.2 NodeFox will provide notice of material subprocessor changes per the DPA. If you object, your remedy is as described in the DPA.

SECTION 27. USAGE MONITORING AND ABUSE PREVENTION 27.1 NodeFox monitors Usage Data to: maintain quality; detect and prevent abuse; enforce Terms and limits; resolve technical issues; perform capacity planning; generate Aggregated Data; and comply with legal obligations - including detection of uncontrolled recursion, execution anomalies, and abuse patterns.

27.2 Usage Data includes: execution counts, node usage, API volumes, resource consumption, feature utilization, session duration, login activity, error rates, performance metrics, approximate geolocation, device/browser information, recursion depth, execution anomalies, and Workflow patterns.

27.3 NodeFox does not routinely access substantive Workflow, prompt, or Output content for general analytics. We may implement automated or manual review as necessary to comply with law, enforce Terms, protect safety, or address abuse.

27.4 By using the Services, you consent to monitoring of Usage Data. NodeFox may use Aggregated Data for any lawful purpose. You may not interfere with monitoring, abuse detection, or analytics systems.

SECTION 28. DATA SECURITY AND BACKUP 28.1 NodeFox implements reasonable administrative, technical, and organizational security measures appropriate to scale and risk. No system is completely secure. NodeFox does not warrant security or compliance with any particular standard.

28.2 NodeFox is not certified under SOC 2, ISO 27001, or similar frameworks unless confirmed in writing. NodeFox does not maintain insurance for user losses.

28.3 Backup. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA. NodeFox does not guarantee persistence, integrity, or availability. NodeFox may attempt recovery from backups at its discretion at then-current rates (disclosed before attempt), with no success guarantee.

28.4 Retention. Data is retained during your use. After termination, NodeFox may retain data for a reasonable period to comply with law, resolve disputes, and enforce Terms, then delete per the Privacy Policy. Aggregated Data may be retained indefinitely.

28.5 NodeFox is not liable for data loss, corruption, or unavailability. You are responsible for your own security practices (strong passwords, MFA, credential rotation).

28.6 Incident Notification. If NodeFox becomes aware of a confirmed material security incident affecting your Personal Data, NodeFox will notify you as required by applicable law. Notification does not constitute admission of fault.

28.7 NodeFox may comply with law enforcement data requests and preservation orders as required by law.

28.8 Portability. NodeFox will provide export in JSON format. You are responsible for maintaining your own records, audit trails, version control, and execution logs.

SECTION 29. CONFIDENTIALITY 29.1 Each party agrees to protect the other's Confidential Information with at least the same degree of care used for its own (but no less than reasonable care), and to use Confidential Information only for purposes of these Terms.

29.2 Exclusions. Information is not confidential if it: was already known; is or becomes publicly available without breach; is received from a third party without restriction; or is independently developed.

29.3 Compelled Disclosure. A party may disclose Confidential Information if compelled by law, provided it gives reasonable advance notice (where permitted) and assists the other in seeking protective treatment.

29.4 Upon termination, each party will return or destroy Confidential Information upon request, except for copies retained for legal compliance, which remain subject to confidentiality obligations.

PART VI: ACCEPTABLE USE

SECTION 30. ACCEPTABLE USE POLICY 30.1 The AUP (https://www.nodefox.ai/legal/aup) is incorporated by reference and governs permitted and prohibited uses.

30.2 You must use the Services lawfully and in compliance with all applicable laws, these Terms, and the AUP.

30.3 Security testing against the Services requires NodeFox's prior express written authorization from security@nodefox.ai.

SECTION 31. PROHIBITED ACTIVITIES 31.1 Prohibited activities are set forth in the AUP. Without limiting the AUP, you specifically may not: violate any law; create, distribute, or store Harmful Content; use AI Features for deception, manipulation, or harm; interfere with the Services or infrastructure; gain unauthorized access; circumvent security measures or safety controls; use the Services for CSAM (NodeFox will report to NCMEC under 18 U.S.C. § 2258A); engage in harassment, stalking, or surveillance; process biometric data in violation of applicable law; collect children's data; create synthetic media without required disclosures; or instruct, aid, or facilitate any of the above.

31.2 NodeFox may take enforcement actions including warning, restriction, suspension, termination, content removal, reporting to law enforcement, and legal action.

SECTION 32. ENFORCEMENT 32.1 NodeFox may investigate suspected violations and take enforcement action in its sole discretion, with or without notice.

32.2 NodeFox may immediately suspend access if it reasonably believes: you are violating Terms; your use poses security risk; your use may create liability; your use violates law; or suspension is required for legal compliance.

32.3 NodeFox has no liability for enforcement actions taken in good faith.

32.4 NodeFox supports good-faith whistleblower reporting and will not retaliate against users who report suspected violations in good faith.

SECTION 33. CONTENT STANDARDS 33.1 User Content must comply with these Terms, the AUP, and applicable law. You are solely responsible for all User Content. NodeFox does not endorse User Content.

PART VII: SERVICE OPERATIONS

SECTION 34. SERVICE AVAILABILITY 34.1 NodeFox does not guarantee availability, uptime, or uninterrupted access. The Services may be unavailable due to maintenance, updates, outages, force majeure, or other reasons.

34.2 NodeFox may perform scheduled and emergency maintenance with or without notice. Maintenance may cause interruptions. NodeFox is not liable for any interruption.

34.3 No SLA applies absent an Enterprise Agreement. Service status information may be available at NodeFox's discretion.

34.4 Report errors to support@nodefox.ai. NodeFox may address errors at its discretion but has no obligation to fix any particular issue on any particular timeline.

SECTION 35. MODIFICATIONS TO SERVICES 35.1 NodeFox may modify, update, deprecate, suspend, or discontinue any aspect of the Services (including APIs, features, AI Features, AI Suggest defaults, supported AI models, and integrations) at any time, with or without notice.

35.2 NodeFox is not liable for modifications. NodeFox has no obligation to maintain, update, or provide any particular feature, AI model integration, or AI provider connection.

35.3 Do not rely on forward-looking statements, roadmaps, or feature announcements. These are non-binding.

SECTION 36. EXPORT CONTROL AND SANCTIONS 36.1 You are responsible for compliance with all applicable export control, sanctions, and trade laws (EAR, ITAR, OFAC, and equivalent international regulations).

36.2 You may not use the Services if located in a sanctioned country or territory, on any restricted party list, or for any prohibited end-use (including WMD, military applications in embargoed countries, or human rights abuses).

36.3 You represent that you are not subject to sanctions or on any restricted party list, and that you will screen your own customers and partners.

36.4 NodeFox may restrict access from sanctioned jurisdictions. NodeFox does not provide export compliance legal advice.

SECTION 37. GOVERNMENT USERS 37.1 The Services are "commercial items" as defined in 48 C.F.R. § 2.101. Government users receive only the rights set forth in these Terms, consistent with 48 C.F.R. § 12.212 (civilian) and 48 C.F.R. § 227.7202 (defense).

37.2 No implied rights, additional warranties, or government endorsement arise from government use.

PART VIII: DISCLAIMERS AND LIMITATIONS

SECTION 38. DISCLAIMER OF REPRESENTATIONS 38.1 NodeFox makes no representations or warranties beyond those expressly stated in these Terms. NodeFox does not represent: compliance with any particular standard or certification; suitability for regulated uses; professional advice; insurance for user losses; any fiduciary, agency, or advisory relationship; or any particular level of visual accessibility or freedom from visual content that may affect photosensitive individuals.

38.2 You may not rely on beta designations, forward-looking statements, or informal communications as warranties.

SECTION 39. DISCLAIMER OF WARRANTIES 39.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THIS APPLIES TO ALL TIERS, INCLUDING PAID SUBSCRIPTIONS.

39.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NODEFOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY, RESULTS, UNINTERRUPTED OPERATION, ERROR-FREE PERFORMANCE, SECURITY, AND COMPATIBILITY.

39.3 NodeFox does not warrant: deterministic behavior; version control, audit trails, or rollback; Third-Party Service reliability; Marketplace Content quality or safety; AI Output accuracy, safety, legality, or suitability; the correctness of AI Suggest suggestions, generated DSL, or AI-generated Networks; that Visual Content will not cause adverse physical reactions in any individual; or that the Services comply with any particular accessibility standard.

39.4 Payment does not alter warranty disclaimers. You use the Services at your own risk.

39.5 SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

39.6 If you are a consumer in Australia, the Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing purports to modify or exclude those guarantees.

SECTION 40. LIMITATION OF LIABILITY 40.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE NODEFOX PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF SUBSTITUTE GOODS, PERSONAL INJURY (EXCEPT WHERE CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), BODILY HARM, SEIZURES, ADVERSE PHYSICAL REACTIONS TO VISUAL CONTENT, OR ANY OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.

40.2 Liability Cap. TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED NODEFOX PLATFORM FEES (EXCLUDING THIRD-PARTY FEES, TAXES, AND PASS-THROUGH COSTS) PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

40.3 Free/Trial Users. Except as in Section 40.7, total liability for free, trial, or promotional users shall not exceed zero dollars ($0).

40.4 NodeFox is not liable for Third-Party Fees, Third-Party Service failures, or Third-Party AI provider outputs, actions, or data handling.

40.5 Limitations apply to all causes of action in the aggregate. You bear full responsibility as the human deployer of any AI system or automated Workflow, including Workflows generated or modified by AI Features.

40.6 Exceptions. Limitations do not apply to: (a) NodeFox's gross negligence or willful misconduct; (b) NodeFox's fraud; (c) your indemnification obligations; (d) your breach of IP or Prohibited Activities provisions; (e) your payment obligations; or (f) liability that cannot be limited under mandatory law (including personal injury caused by negligence in jurisdictions that prohibit such exclusions).

40.7 The limitations reflect a reasonable risk allocation. NodeFox would not provide the Services without them. They apply even if any limited remedy fails of its essential purpose.

40.8 Force Majeure. Neither party is liable for failure due to causes beyond reasonable control (natural disasters, war, terrorism, pandemics, government action, internet failures, third-party outages). If force majeure continues for 90+ days, either party may terminate affected obligations without liability.

40.9 In jurisdictions prohibiting certain limitations, liability is limited to the maximum extent permitted by law.

SECTION 41. INDEMNIFICATION 41.1 You agree to indemnify, defend, and hold harmless NodeFox and the NodeFox Parties from claims arising from: (a) your use of the Services; (b) your User Content and Workflows (including AI-generated Workflows, DSL, and Networks you apply); (c) your violation of these Terms or law; (d) your violation of third-party AI provider terms; (e) AI Outputs through your use; (f) IP claims regarding your User Content; (g) your Autonomous Actions; (h) export control violations; (i) Personal Data you process; (j) failure to maintain required disclosures or watermarks; (k) regulatory actions caused by your conduct; (l) algorithmic discrimination claims; (m) failure to implement required human oversight; (n) Digital Replicas created without consent; (o) claims by third parties (including your end users) arising from adverse physical reactions to Visual Content displayed by applications, Workflows, or User Applications you create using the Services; and (p) your failure to comply with the Health and Visual Content Warning after being provided notice.

41.2 Procedure. NodeFox will provide prompt notice, reasonable cooperation, and you will have sole control of defense and settlement (provided no settlement admits NodeFox liability without consent).

41.3 Indemnification obligations are not subject to the liability caps in Section 40. For individual consumers in jurisdictions where unlimited indemnification is prohibited, obligations are limited to the maximum extent permitted by law.

41.4 Indemnification survives termination.

PART IX: TERM AND TERMINATION

SECTION 42. TERM 42.1 These Terms continue until terminated. Subscriptions auto-renew per Section 12.

SECTION 43. TERMINATION BY YOU 43.1 Terminate at any time via Account settings or support@nodefox.ai.

43.2 Upon your termination: access terminates at end of billing period; outstanding fees remain due; no refunds except as required by law; and surviving provisions survive.

SECTION 44. TERMINATION BY NODEFOX 44.1 For Convenience. NodeFox will provide at least thirty (30) days' advance notice for termination of paid accounts for convenience.

44.2 For Cause. NodeFox may suspend or terminate immediately for: breach of Terms; non-payment (after 10 days' notice); security risk; legal requirement; extended inactivity (Free Tier); service discontinuation; or suspected fraud or abuse.

44.3 NodeFox has no liability for termination in accordance with these Terms.

SECTION 45. EFFECT OF TERMINATION 45.1 Upon termination: all licenses terminate; you must cease use and uninstall the App (if applicable); payment obligations remain due; data may be deleted per our policies.

45.2 Data Export. For termination for convenience of paid accounts, NodeFox will provide thirty (30) days from termination notice to export data before deletion. For termination for cause, NodeFox may (but is not obligated to) provide an export window.

45.3 Survival. The following survive termination: Definitions; Intellectual Property; User Content and Ownership; Feedback; Disclaimers; Limitation of Liability; Indemnification; Confidentiality; Governing Law; Arbitration; and Miscellaneous.

SECTION 46. REGULATORY PROVISIONS 46.1 NodeFox may provide technical capabilities for compliance efforts, but does not guarantee the Services include all features necessary for regulatory compliance. You are solely responsible for determining applicable laws, conducting assessments, providing disclosures, and maintaining documentation.

46.2 If any provision conflicts with applicable regulatory requirements, the affected provision is modified to the minimum extent necessary. Remaining provisions continue in full force.

PART X: GOVERNING LAW AND DISPUTES

SECTION 47. GOVERNING LAW 47.1 Delaware law governs, without regard to conflict-of-law principles. If you are a consumer in the EU/UK, the mandatory consumer protection laws of your country of residence apply to the extent they provide greater protection.

47.2 The UN Convention on Contracts for the International Sale of Goods and UCITA do not apply.

SECTION 48. DISPUTE RESOLUTION AND ARBITRATION 48.1 Informal Resolution. Before formal proceedings, contact legal@nodefox.ai and attempt informal resolution for sixty (60) days.

48.2 Binding Arbitration. DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION IN WILMINGTON, DELAWARE (OR VIA REMOTE VIDEO), BEFORE ONE ARBITRATOR.

48.3 Rules. Administered by AAA under Consumer Arbitration Rules (individuals) or Commercial Arbitration Rules (businesses). Delaware law applies.

48.4 Authority. The arbitrator has exclusive authority to resolve all disputes regarding interpretation, enforceability, and arbitrability.

48.5 Fees. For individual consumers, NodeFox pays filing and arbitration fees for claims under $10,000 (unless frivolous). For claims over $10,000 or business users, AAA rules allocate fees.

48.6 Award. The arbitrator may award any relief available in court. The award is final and binding and enforceable in any court of competent jurisdiction.

48.7 Class Action Waiver. YOU AND NODEFOX EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS.

48.8 Mass Arbitration. If 25+ similar demands are filed within 60 days, they shall be organized into batches of no more than 25. Each batch shall be resolved within 120 days of arbitrator appointment unless otherwise agreed. Statutes of limitations are tolled during these procedures.

48.9 Opt-Out. Opt out within 30 days by emailing privacy@nodefox.ai with subject "Arbitration Opt-Out." Include your name, email, and Account identifier.

48.10 Exceptions. Either party may seek injunctive relief in court for IP or confidentiality matters, or pursue claims in small claims court.

48.11 Severability. If the class action waiver is unenforceable for a particular claim, that claim proceeds in court; remaining claims proceed in arbitration.

SECTION 49. JURISDICTION 49.1 For claims not subject to arbitration, exclusive jurisdiction lies in the state and federal courts of New Castle County, Delaware. You consent to personal jurisdiction.

49.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL.

SECTION 50. LIMITATION PERIOD 50.1 Except where a longer period is required by mandatory law, any claim must be commenced within one (1) year after it arose, or is permanently barred.

SECTION 51. EQUITABLE RELIEF 51.1 You acknowledge that breach of IP, confidentiality, or security provisions may cause irreparable harm for which monetary damages are inadequate. NodeFox may seek injunctive or other equitable relief without bond or proof of actual damages.

PART XI: MISCELLANEOUS

SECTION 52. GENERAL PROVISIONS 52.1 Entire Agreement. These Terms and incorporated policies constitute the entire agreement regarding the Services and supersede all prior agreements, communications, and understandings.

52.2 Amendment. These Terms may only be amended as provided in Section 1.7 or by written agreement signed by an authorized officer of NodeFox. No other modification is binding.

52.3 Assignment. You may not assign or transfer these Terms without NodeFox's prior written consent. NodeFox may assign freely, including in connection with mergers, acquisitions, or asset sales. Any unauthorized assignment is void.

52.4 Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions continue in full force. The invalid provision is modified to the minimum extent necessary to make it enforceable while preserving its intent.

52.5 No Waiver. Failure to enforce any provision does not waive future enforcement. Waivers must be in writing signed by an authorized representative.

52.6 No Third-Party Beneficiaries. These Terms do not create rights for anyone other than you and NodeFox, except that NodeFox Parties are intended third-party beneficiaries of the limitation of liability and indemnification provisions.

52.7 Relationship. Nothing creates a partnership, joint venture, employment, agency, or fiduciary relationship. Neither party may bind the other.

52.8 Notices. NodeFox may send notices via email to your registered address, in-Service notification, or posting on the Site. Notices are deemed received when sent (email), when displayed (in-Service), or when posted (Site). Notices to NodeFox must be sent to legal@nodefox.ai or NodeFox LLC, PO Box 1667, Ross, CA 94957.

52.9 Headings. For convenience only and do not affect interpretation.

52.10 Construction. "Including" means "including without limitation." "May" is permissive; "must" and "shall" are mandatory. References to "days" mean calendar days unless specified.

52.11 Language. English controls over any translation.

52.12 Currency. All monetary amounts are in USD unless stated otherwise.

52.13 Counterparts. Enterprise Agreements may be executed in counterparts, each an original.

SECTION 53. CONTACT NodeFox LLC, PO Box 1667, Ross, CA 94957, United States. Email: legal@nodefox.ai. Full contact directory in Section 2.3.

SECTION 54. ACCESSIBILITY 54.1 NodeFox is committed to accessibility and strives to align with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where feasible, including consideration of visual content that may affect users with photosensitive conditions or vestibular disorders. NodeFox does not warrant full compliance with WCAG or any other accessibility standard. This statement does not constitute a representation that the Services are fully accessible or free of barriers.

54.2 Accommodations. Users may request accommodations, report accessibility barriers, or provide feedback at accessibility@nodefox.ai. NodeFox will make good-faith efforts to address accessibility concerns, subject to technical feasibility and the beta status of the Services.

54.3 Visual Content Modifications. NodeFox reserves the right to modify, reduce, adjust, or provide alternative display modes for Visual Content at any time, including to improve accessibility or reduce photosensitive risk. Such modifications do not constitute an admission of prior inaccessibility or a warranty of future compliance.

54.4 User-Configurable Settings. Where the Services provide user-configurable display settings (such as reduced motion, contrast adjustments, or animation controls), you are responsible for configuring these to suit your needs. NodeFox does not guarantee the availability or completeness of such settings.

54.5 Limitations. Good-faith accessibility efforts do not create a warranty or guarantee of full compliance with the ADA, Section 508, the Equality Act 2010, EN 301 549, or any other accessibility law or standard. NodeFox's accessibility posture is informational and maintained at https://www.nodefox.ai/legal.

SECTION 55. ELECTRONIC SIGNATURES 55.1 You consent to transact electronically. Electronic records satisfy any legal requirement for "writing." Your electronic acceptance constitutes a legally binding signature.

SECTION 56. STATE-SPECIFIC PROVISIONS 56.1 Texas. You are responsible for compliance with TRAIGA and related high-risk AI deployer requirements.

56.2 New Jersey. The limitation of liability and arbitration provisions shall not apply to New Jersey residents to the extent prohibited by New Jersey law. New Jersey residents may have additional rights under the Consumer Fraud Act.

SECTION 57. INTERNATIONAL PROVISIONS 57.1 EU Users. These Terms shall be interpreted consistently with EU law where applicable. Nothing limits mandatory EU consumer protection rights. Data transfers are governed by the DPA and SCCs.

57.2 UK Users. Nothing limits your rights under the UK Consumer Rights Act 2015. Data transfers are governed by the DPA and UK International Data Transfer Addendum.

57.3 Australian Users. Nothing excludes guarantees under the Australian Consumer Law that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for foreseeable loss.

57.4 Canadian Users. You may have additional provincial consumer protection rights. The parties have expressly requested that these Terms be drafted in English / les parties ont expressement demande que cette convention soit redigee en anglais.

57.5 Brazilian Users. You may have additional rights under the CDC and LGPD. Nothing limits rights that cannot be waived under Brazilian law.

SECTION 58. FINAL PROVISIONS 58.1 These Terms are effective April 8, 2026 and supersede all prior versions.

58.2 You may print a copy for your records.

58.3 Questions: legal@nodefox.ai.

58.4 BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE HEALTH AND VISUAL CONTENT WARNING, THE COST RESPONSIBILITY NOTICE, AND ALL INCORPORATED POLICIES.

QUICK REFERENCE

SIGNATURE BLOCK (For Offline Execution) For Enterprise customers executing as part of a separate agreement. Online clickwrap acceptance satisfies the signature requirement for standard users.

NODEFOX LLC By: ________________________________ Name: ______________________________ Title: ______________________________ Date: ______________________________

CUSTOMER By: ________________________________ Name: ______________________________ Title: ______________________________ Company: ___________________________ Date: ______________________________

END OF TERMS OF SERVICE

© 2025-2026 NodeFox LLC. All rights reserved.

NodeFox LLC | 2108 N St, Suite N, Sacramento, CA 95816, United States | https://www.nodefox.ai