Terms of Service
Last updated: March 2025. By using Neomechanical, you agree to these terms.
1. Acceptance
By creating an account, using the Neomechanical platform (“Platform”), or submitting data to our services, you (“Account Owner”) agree to these Terms of Service. If you are using the Platform on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity and that the entity agrees to these terms.
2. Account and Data Responsibility
You are solely responsible for all data you provide to Neomechanical. Neomechanical acts as a processor and service provider. The Account Owner and any company or organization using this product (“Customer”) is responsible for:
- The accuracy, legality, and appropriateness of all content submitted to the Platform
- Ensuring that data collection and submission comply with applicable laws in all jurisdictions
- Obtaining any necessary consents from end users whose data is processed through the Platform
- Their end users’ data — the Account Owner is liable for all user data submitted under their account
Neomechanical is not liable for what data Customers choose to provide, store, or process through our services.
3. Processing and Interpretation
Customers are responsible for how Neomechanical manipulates and interprets their data. The Platform processes data (e.g., moderation analysis, risk scoring, content classification) using algorithms and models. Neomechanical:
- Does not warrant the accuracy, completeness, or suitability of any analysis or output for any purpose
- Is not liable for decisions made based on Platform outputs
- Is not liable for how Customers use, interpret, or act upon processed results
Neomechanical holds no liability for the outcomes of data processing, including but not limited to moderation decisions, automated actions, or downstream effects on end users.
4. End Users
The Account Owner is solely liable for their end users and the data those end users generate or transmit through the Platform. Neomechanical provides a service to the Account Owner; we are not a party to the relationship between the Account Owner and their users. The Account Owner must ensure their users’ data is lawfully provided and that their use of the Platform complies with all applicable terms and laws.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN ANY JURISDICTION, NEOMECHANICAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS:
- SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, USE, OR GOODWILL, OR ANY OTHER INTANGIBLE LOSSES
- SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM CUSTOMER DATA, ITS PROCESSING, STORAGE, TRANSMISSION, OR INTERPRETATION
- SHALL NOT BE LIABLE FOR ACTIONS TAKEN BY CUSTOMERS OR THEIR END USERS BASED ON PLATFORM OUTPUTS
- MAY LIMIT AGGREGATE LIABILITY TO THE GREATER OF THE FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS (USD $100)
These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and whether or not Neomechanical has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations; in such cases, liability is limited to the maximum extent permitted by law.
6. Jurisdictional Scope
These terms are intended to limit Neomechanical’s liability in all applicable jurisdictions to the fullest extent permitted by law. Where any provision is unenforceable in a given jurisdiction, the remaining provisions remain in effect, and that provision shall be modified to the minimum extent necessary to achieve validity in that jurisdiction.
7. Service Availability
Neomechanical provides the Platform on an “as is” and “as available” basis. We do not warrant uninterrupted, error-free, or secure operation. Scheduled maintenance, outages, and changes may occur without prior notice.
8. Termination
Neomechanical may suspend or terminate access for non-payment, violation of these terms, or for operational reasons. Upon termination, your right to use the Platform ceases. Provisions that by their nature should survive (including liability limitations, indemnification, and dispute resolution) survive termination.
9. Changes
Neomechanical may update these terms. Continued use of the Platform after changes constitutes acceptance. Material changes will be communicated via email or in-app notice where practicable.
10. Contact
Questions about these terms may be sent to the contact information provided on the Neomechanical platform or website.