Nissy Early Access Terms

1. About our terms

1.1 These are the terms ("Terms") on which Cleverbit Software Limited (we, us or our), a company registered in Malta with company number C80200 of 50, Giorgio Preca Street, San Gwann, Malta, makes the Nissy application ("Nissy") available to you.

1.2 By clicking "Accept", or by installing or using Nissy, you agree to these Terms. If you do not agree to these Terms, do not install or use Nissy.

1.3 These Terms cover Nissy only. Use of our website is governed by https://app.nissy.ai/terms/website. Our privacy policy explains how we handle personal information.

1.4 Nissy is at an early access phase. It is provided free of charge, it will change, and it may not work as expected. We may modify, suspend, limit, withdraw it, or introduce charges for it, at any time.

2. What Nissy does with your material

2.1 "Your Material" means the agent sessions, prompts, code, outputs, and other content that Nissy captures from your machine and sends to us.

2.2 Processing: Your Material is transferred to our servers and processed using third-party AI processing services. Currently the third-party service is Microsoft Azure AI Foundry. Depending on capacity, it may be queued before processing. The result is returned to you.

2.3 Retention: We do not store Your Material. It is held only for as long as necessary to process it and it is deleted immediately afterwards. If this changes, we will tell you clearly in the application before the change applies to you.

2.4 Training: We do not use Your Material to train AI models, and we contract our processing providers on terms that they do not do so either.

2.5 Providers: We may change or add processing providers. Where we do, we will not do so on terms materially less protective of Your Material than those described here.

2.6 Feedback: When you send feedback, you may choose to submit the related session or thread it relates to. If you do, that session or thread is retained and reviewed by us, by a person, by automated means, or both, so we can improve Nissy. Submitting a session or thread is always your choice and is separately confirmed in the application. Please do not submit anything you are not content for us to keep and read. Submitted sessions and threads are retained for 24 months and subsequently deleted.

2.7 We may use any suggestions or ideas in your feedback freely and without obligation to you.

3. Confidentiality

3.1 We will treat Your Material as confidential. We will not disclose it to anyone except: (i) our processing providers, to the extent necessary to run Nissy; (ii) where you have attached a session to feedback under clause 2.6; or (iii) where we are required to by law.

3.2 We will protect Your Material using reasonable technical and organisational security measures.

3.3 This clause continues to apply after you stop using Nissy.

4. Your responsibility for what you submit

4.1 You confirm that you are entitled to submit Your Material, and that doing so does not breach any obligation of confidentiality you owe to an employer, client, or anyone else, infringe anyone's intellectual property rights, or breach any policy applying to you.

4.2 We request you not to submit personal data beyond what is unavoidably incidental to a development session, and we request you not to submit special category data such as sensitive personal data.

4.3 Where you authorise Nissy to write to your repositories, issue trackers, or other systems, you are responsible for the permissions you grant, and for reviewing anything Nissy writes before relying on it. You are instructed to ensure that you keep your work under version control and maintain your own backups.

4.4 You will indemnify us against claims arising from your breach of this clause 4.

5. Nissy's output

5.1 Nissy uses AI. Its output is probabilistic and may be incorrect, incomplete or misleading.

5.2 In particular, Nissy will not identify every issue in your agent's behaviour. The absence of a finding is not an assurance that nothing went wrong.

5.3 Nissy is not professional advice, and it is not a security review, code review, audit, or compliance control. You remain responsible for reviewing your agent's work.

5.4 Do not rely on Nissy's output as a record of what occurred, or to satisfy any record-keeping, documentation or compliance obligation you may have.

5.5 Nissy must not be used to evaluate or monitor the performance or behaviour of individuals, or to make or support decisions affecting them.

6. Our liability

6.1 Nothing in these Terms excludes our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

6.2 Nissy is provided "as is" and "as available". We do not warrant that it will be uninterrupted, error-free, or fit for any particular purpose, or that it will meet your requirements. All terms implied by law are excluded as far as the law allows.

6.3 We are not liable for (i) loss of profit, revenue, business, goodwill or opportunity; (ii) loss or corruption of data, code, software or systems, or wasted expenditure; or (iii) any indirect or consequential loss.

6.4 Subject to clause 6.1, our total liability under these Terms will not exceed one hundred Euro.

7. General

7.1 We may end the applicability of these Terms at any time. When they end, stop using Nissy and remove it from your devices.

7.2 We may update these Terms on notice. Material changes, including any change to charging, retention, training, or other categories of provider we use, will require your acceptance in the application before they apply to you.

7.3 The laws of Malta apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.

7.4 Any disputes will be subject to the exclusive jurisdiction of the courts of Malta.