These Terms of Service ("Terms") govern your access to and use of the website and services provided by Nyad, Inc. ("Nyad," "we," "us," or "our"). By accessing or using our website or services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing nyad-ai.com or using any Nyad service, you confirm that you are at least 18 years of age, have the legal authority to enter into these Terms, and agree to be bound by them. If you are accessing or using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

Nyad provides AI-powered water quality monitoring and intelligence services, including sensor hardware, data analytics software, compliance management tools, and related professional services. The specific services provided to you are described in any applicable order forms, service agreements, or statements of work entered into between you and Nyad.

Our website provides general information about Nyad's products and services. Access to our platform and operational services requires a separate service agreement.

3. Use of the Website

You may use our website for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates applicable federal, state, local, or international law or regulation
  • Transmit any material that is defamatory, obscene, offensive, or otherwise objectionable
  • Attempt to gain unauthorized access to any part of the website or its related systems
  • Use automated means (bots, scrapers, crawlers) to access or collect data from the website without our prior written permission
  • Introduce malware, viruses, or any other harmful code into our systems
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

4. Intellectual Property

The content on this website — including text, graphics, logos, images, software, and all other material — is owned by Nyad, Inc. or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may access and view content on the website for personal, non-commercial informational purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from this website without our prior written permission.

The Nyad name, logo, and all related product names, designs, and slogans are trademarks of Nyad, Inc. Nothing in these Terms grants you any right to use our trademarks without our prior written consent.

5. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NYAD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information on the website.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYAD, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR ITS CONTENT.

IN NO EVENT SHALL NYAD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100).

7. Indemnification

You agree to indemnify, defend, and hold harmless Nyad, Inc. and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

8. Third-Party Links

Our website may contain links to third-party websites or services. These links are provided for your convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Visiting linked websites is at your own risk.

9. Privacy

Your use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or your use of the website shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to personal jurisdiction in those courts.

11. Changes to These Terms

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a revised "Last updated" date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

12. Termination

We reserve the right to terminate or suspend your access to the website, without notice or liability, for any reason, including if you breach these Terms. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nyad, Inc. with respect to your use of the website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14. Contact Us

If you have any questions about these Terms, please contact us:

Nyad, Inc.
535 Mission Street, Floor 14
San Francisco, CA 94105
hello@nyad-ai.com