Terms and Conditions

Effective Date: August 11, 2026

1. Acceptance of Terms

Welcome to N2X Labs, Inc. ("N2X," "Company," "we," "our," or "us").

These Terms and Conditions ("Terms") govern your access to and use of the N2X website and N2X products and services, including the Aether assessment platform (collectively, the "Services").

By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, you may not use the Services.

Certain Services may also be provided under an order form, subscription agreement, master services agreement, statement of work, data processing agreement, or other written agreement between N2X and a customer ("Customer Agreement"). If there is a conflict between these Terms and a Customer Agreement, the Customer Agreement will control with respect to the applicable Services.

2. Use of the Services

You may use the Services only for lawful purposes and in accordance with these Terms and any applicable Customer Agreement.

You may not:

Violate any applicable law or regulation.
Attempt to gain unauthorized access to the Services, systems, accounts, networks, or data.
Interfere with or disrupt the operation, integrity, performance, or security of the Services.
Introduce malware, viruses, malicious code, or other harmful technologies.
Circumvent security, authentication, access controls, usage limitations, or other protective measures.
Copy, modify, distribute, sell, sublicense, reverse engineer, decompile, disassemble, or create derivative works from the Services except as expressly authorized by N2X or permitted by applicable law.
Scrape, extract, harvest, or systematically collect content, assessment materials, questions, scenarios, scoring methodologies, outputs, or other information from the Services except as expressly authorized.
Use the Services or information obtained through the Services to develop, train, benchmark, validate, or improve a competing product, assessment platform, artificial intelligence system, or machine learning model without N2X's written permission.
Misrepresent your identity or authorization to access an assessment or other Service.
Compromise or attempt to compromise the integrity, confidentiality, validity, or security of an assessment.
Use the Services in a manner that could damage, disable, overburden, or impair N2X systems or interfere with another person's use of the Services.

3. Accounts and Authorized Users

Certain Services require an account.

You are responsible for maintaining the confidentiality and security of your login credentials and for activities conducted through your account. You may not share credentials except where expressly authorized by N2X or the applicable customer.

You agree to provide accurate, current, and complete account information and to promptly update information when necessary.

You must notify N2X promptly if you become aware of unauthorized access to your account or any other suspected security incident involving the Services.

Organizations using the Services are responsible for managing their authorized users and ensuring that those users comply with these Terms and any applicable Customer Agreement.

4. Intellectual Property

The Services, including the Aether platform and its underlying software, architecture, technology, workflows, interfaces, algorithms, assessment methodologies, scoring frameworks, competency architectures, scenario-generation techniques, evaluation processes, documentation, graphics, trademarks, logos, and other proprietary materials, are owned by or licensed to N2X and are protected by intellectual property and other applicable laws.

Except for the limited right to access and use the Services as expressly authorized by N2X, no rights or licenses to N2X intellectual property are granted under these Terms.

Nothing in these Terms transfers ownership of N2X intellectual property to you or any customer.

5. Customer Content and Data

Customers and authorized users may submit, upload, create, or otherwise provide information, data, documents, assessment materials, competency frameworks, source materials, responses, and other content through the Services ("Customer Content").

As between N2X and the customer, the customer retains its ownership rights in Customer Content.

You grant N2X a limited, non-exclusive right to host, process, reproduce, transmit, analyze, and otherwise use Customer Content as reasonably necessary to provide, maintain, secure, support, and improve the Services in accordance with these Terms, our Privacy Policy, and any applicable Customer Agreement.

You represent and warrant that you have all rights, permissions, and lawful authority necessary to provide Customer Content to N2X and to authorize its processing through the Services.

6. Assessment Content and Results

The Services may be used to develop, administer, score, analyze, or report on assessments.

Assessment content and results may include questions, scenarios, responses, scores, competency information, capability information, performance indicators, feedback, reports, and other assessment-related information.

Customers are responsible for determining the appropriate use of assessments and assessment results within their organizations, including decisions relating to certification, accreditation, education, employment, workforce development, professional development, or other purposes.

N2X provides technology and assessment capabilities to support these activities but does not make employment, academic, certification, licensing, credentialing, or other decisions on behalf of customers unless expressly agreed otherwise in writing.

Customers are responsible for ensuring that their use of assessments and assessment results complies with applicable laws, regulations, professional standards, and organizational requirements.

7. Artificial Intelligence and Generated Content

Certain Services use artificial intelligence, machine learning, or other automated technologies to support functions such as assessment development, item generation, scoring, analysis, reporting, and related activities.

Artificial intelligence and automated technologies may produce content, recommendations, scores, analyses, or other outputs ("Generated Content").

Generated Content should be used in accordance with the intended purpose of the applicable Service and any requirements established by the customer. Customers remain responsible for determining whether Generated Content is appropriate for their particular use and for decisions made based on assessment results or other outputs.

Because artificial intelligence technologies are probabilistic and continue to evolve, N2X does not represent that all Generated Content will be error-free or appropriate for every use without review or validation.

Unless otherwise agreed in writing, you may not use N2X Services, Generated Content, proprietary assessment methodologies, or other N2X materials to train, develop, benchmark, or improve an artificial intelligence or machine learning model that competes with N2X or its Services.

Use of personal information in connection with AI-enabled features is governed by our Privacy Policy and applicable Customer Agreements.

8. Assessment Integrity

Users participating in assessments must comply with all instructions, security requirements, and integrity standards established by N2X or the organization administering the assessment.

Unless expressly permitted, users may not:

Copy, capture, record, reproduce, distribute, publish, or disclose assessment content.
Obtain or provide unauthorized assistance during an assessment.
Use artificial intelligence tools, external resources, or other assistance where prohibited by the applicable assessment rules.
Attempt to discover, manipulate, circumvent, or interfere with scoring mechanisms or assessment security.
Impersonate another individual or permit another individual to complete an assessment on their behalf.
Share confidential assessment questions, scenarios, answers, or related materials.

N2X may suspend access, invalidate activity, or take other reasonable measures when necessary to protect assessment security and integrity.

9. Feedback

If you provide N2X with suggestions, ideas, recommendations, or other feedback regarding the Services ("Feedback"), you grant N2X the right to use that Feedback without restriction or compensation, provided that N2X's use of Feedback does not identify you or disclose Customer Content or confidential information.

10. Privacy

Our collection and use of personal information are governed by the N2X Privacy Policy.

Where N2X processes personal information on behalf of a customer, additional privacy and data protection obligations may be governed by the applicable Customer Agreement or Data Processing Agreement.

11. Third-Party Services

The Services may contain links to or integrate with third-party websites, applications, artificial intelligence technologies, infrastructure providers, or other services.

N2X does not control independent third-party services and is not responsible for their content, availability, policies, or practices except to the extent expressly provided in an applicable Customer Agreement.

Your use of certain third-party services may also be subject to the third party's terms and policies.

12. Availability and Changes to the Services

N2X may modify, update, enhance, or discontinue features of the Services from time to time as our technology and offerings evolve.

We may perform scheduled or emergency maintenance that temporarily affects availability.

Any service-level commitments applicable to a particular customer will be governed by the applicable Customer Agreement.

13. Suspension and Termination

N2X may suspend or terminate access to the Services if we reasonably believe that:

These Terms or an applicable Customer Agreement have been violated.
The Services are being used unlawfully or fraudulently.
Use of the Services creates a security, privacy, or operational risk.
Assessment integrity has been compromised.
Suspension is necessary to protect N2X, our customers, users, or third parties.

Where commercially reasonable and appropriate, N2X will provide notice of suspension and an opportunity to remedy the underlying issue.

Termination of customer subscriptions and related rights will otherwise be governed by the applicable Customer Agreement.

14. Disclaimers

Except as expressly provided in a Customer Agreement, the Services are provided "as is" and "as available."

To the fullest extent permitted by law, N2X disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted or error-free operation.

N2X does not warrant that the Services or Generated Content will be completely free from errors, interruptions, vulnerabilities, or inaccuracies.

Nothing in this section limits warranties or commitments expressly provided by N2X in an applicable Customer Agreement.

15. Limitation of Liability

To the fullest extent permitted by applicable law, N2X and its affiliates, officers, directors, employees, agents, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business opportunity, goodwill, or data, arising out of or relating to the Services or these Terms.

Except as otherwise provided in a Customer Agreement, N2X's aggregate liability arising out of or relating to these Terms or the Services will not exceed the amount paid to N2X for the applicable Services during the twelve (12) months immediately preceding the event giving rise to the claim.

If you have not paid N2X for the Services giving rise to the claim, N2X's aggregate liability will not exceed one hundred U.S. dollars (US $100).

These limitations apply to the fullest extent permitted by applicable law.

16. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless N2X and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from:

Your unlawful or unauthorized use of the Services.
Your violation of these Terms.
Your violation of applicable law.
Your infringement or violation of third-party rights.
Customer Content that you provide without the necessary rights or authority.

Any indemnification obligations contained in a Customer Agreement will control with respect to that customer.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

Except where otherwise provided in an applicable Customer Agreement, any legal action arising out of or relating to these Terms will be brought in the state or federal courts with appropriate jurisdiction in Delaware, and you consent to the jurisdiction and venue of those courts.

18. Changes to These Terms

N2X may update these Terms periodically to reflect changes in our Services, technology, business practices, or legal requirements.

When we make changes, we will update the Effective Date at the top of these Terms.

Material changes will apply prospectively as appropriate. Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms, except where applicable law or a Customer Agreement requires another form of notice or consent.

19. General Terms

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

N2X's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

You may not assign your rights or obligations under these Terms without N2X's prior written consent. N2X may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction.

These Terms, together with the Privacy Policy and any applicable Customer Agreement, constitute the applicable agreement regarding your use of the Services.

20. Contact Us

If you have questions regarding these Terms and Conditions, please contact:

N2X Labs, Inc.

Email: info@N2XLabs.com
Website: www.N2XLabs.com