Terms of Service

The terms and conditions governing your use of DocQ products and services provided by NDM Global Inc.

Last updated: February 14, 2026

1. Acceptance of Terms

These Terms of Service (the “Terms”), together with any Order Form(s) executed hereunder (collectively, the “Agreement”), constitute a binding agreement between the entity or individual identified on an Order Form or account registration (“Customer”, “you”, or “your”) and NDM Global Inc., a Delaware corporation (“NDM”, “we”, “us”, or “our”).

By clicking “Accept”, checking the acceptance box, submitting an Order Form, or by accessing or using the DocQ platform, subscriptions, or services, you accept this Agreement and confirm that you are legally bound by its terms. You represent and warrant that you have the authority to bind your organization to this Agreement.

If you do not agree to these Terms, or if you lack the authority to bind your organization, do not access or use the Platform or Services.

This Agreement is governed by our Privacy Policy, which is incorporated herein by reference.

2. Changes to This Agreement

NDM reserves the right to modify these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of this page. For material changes, we will provide at least thirty (30) days’ advance written notice via email or a prominent notice within the Platform.

Continued use of the Platform or Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with any changes, you may provide written notice to NDM within thirty (30) days of being notified, at which point NDM may, at its sole discretion: (i) apply the most recently accepted version of the Terms; (ii) negotiate mutually agreed alternative terms; or (iii) terminate the Agreement and refund any unused, prepaid Fees on a pro-rata basis.

3. Definitions

Capitalized terms used in this Agreement have the following meanings:

  • “Account” — the registered account created by Customer or an End User to access the Platform.
  • “Affiliate” — any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.
  • “AI Features” — the artificial intelligence and machine learning capabilities embedded within the Platform, including but not limited to intelligent document processing, automated data extraction, natural language processing, workflow recommendations, and AI-powered analytics.
  • “Confidential Information” — information disclosed by one Party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
  • “Content” — data, documents, files, text, images, workflows, configurations, and other materials that Customer or End Users create, upload, or transmit through the Platform.
  • “Documentation” — user guides, API documentation, technical specifications, and other materials made available by NDM relating to the Platform.
  • “End User” — an individual authorized by Customer to access and use the Platform under Customer’s Account.
  • “Feedback” — suggestions, enhancement requests, recommendations, or other feedback provided by Customer or End Users regarding the Platform or Services.
  • “Fees” — all amounts payable by Customer for access to the Platform, Subscriptions, Services, and any other goods or services ordered under the Agreement.
  • “Intellectual Property Rights” — patents, copyrights, trademarks, trade secrets, moral rights, and all other intellectual property rights recognized under applicable law.
  • “Order Form” — an ordering document, statement of work, or online order specifying the Services, Subscription Level, Fees, and other terms agreed upon by the Parties.
  • “Platform” — the DocQ software-as-a-service platform, including its AI-powered document management, workflow automation, electronic signature, data processing, integration, and analytics capabilities.
  • “Services” — the Platform, professional services, support, training, and any other services provided by NDM under the Agreement.
  • “Subscription” — Customer’s license to access and use the Platform for a defined Subscription Term, as specified in an Order Form.
  • “Subscription Term” — the period during which Customer has access to the Platform, as specified in the applicable Order Form, including any renewal periods.
  • “Updates” — bug fixes, patches, updates, upgrades, enhancements, and new features released by NDM for the Platform.

4. The Platform

4.1 License Grant

Subject to Customer’s compliance with this Agreement, including timely payment of Fees, NDM grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and associated Services through authorized End Users during the Subscription Term.

4.2 Platform Capabilities

The Platform provides Customer with AI-powered capabilities including, depending on the Subscription Level:

  • Document creation, management, storage, and collaboration;
  • Workflow automation and process orchestration;
  • Electronic signature collection and management;
  • AI-powered document processing, data extraction, and analytics;
  • Integration with third-party systems via iPaaS connectors;
  • Forms, approvals, and human-in-the-loop governance;
  • Custom application building and deployment.

4.3 End User Access

Each End User must register for an individual Account and accept the Platform’s terms of use. Customer is responsible for ensuring that its End Users comply with this Agreement.

4.4 Data Storage

Customer’s Subscription includes a dedicated data storage allocation as specified in the applicable Order Form. If Customer reaches its storage limit, it will be notified via the Platform and will need to delete Content or purchase additional storage at the rates specified in the applicable Order Form.

4.5 Maintenance & Updates

NDM may perform maintenance activities and deploy Updates from time to time. Routine maintenance that does not materially impact availability may be performed without prior notice. For planned maintenance expected to cause service unavailability exceeding fifteen (15) consecutive minutes, NDM will provide reasonable advance written notice and will use commercially reasonable efforts to schedule such maintenance during non-business hours.

NDM develops and releases Updates at its sole discretion. NDM has no obligation to develop specific Updates, and expressly disclaims any liability for not doing so.

5. Services

5.1 Professional Services

Subject to Customer’s Subscription Level, NDM may offer the following professional services for additional Fees as specified in an Order Form:

  • Onboarding — Account setup, data migration, and initial configuration for Customer and its End Users.
  • Training — Instructor-led training sessions, documentation, and educational materials for Platform usage.
  • Integrations & customizations — Custom connectors, workflow configurations, and Platform enhancements tailored to Customer’s requirements.
  • Consulting — Process optimization, digital transformation advisory, and strategic implementation guidance.

5.2 Support

Unless otherwise specified in Customer’s Order Form, NDM will provide technical support via email and the Platform’s in-app support channels. Enhanced support tiers (including dedicated account management, priority response times, and phone support) may be available depending on the Subscription Level.

5.3 Third-Party Services

The Platform may integrate with or provide access to third-party services. Customer acknowledges that use of third-party services is at Customer’s sole discretion and is governed by the applicable third party’s terms. NDM makes no representations or warranties regarding the availability, quality, or suitability of any third-party services.

5.4 Instructions from End Users

In connection with the delivery of Services, NDM may rely upon instructions and information provided by any authorized End User. Such End User shall be deemed to have the necessary authority to act on Customer’s behalf for the purposes of this Agreement.

6. AI-Powered Features

6.1 Nature of AI Outputs

The Platform incorporates AI Features that process, analyze, and generate outputs based on Customer’s Content and instructions. AI-generated outputs are provided on an “as is” basis and may contain inaccuracies. Customer is solely responsible for reviewing, validating, and approving any AI-generated outputs before relying upon them for business decisions, legal compliance, or any other purpose.

6.2 AI Data Processing

Customer’s Content processed by AI Features is handled in accordance with our Privacy Policy. NDM does not use Customer Content to train general-purpose AI models. Customer Content processed by AI Features is used solely to deliver the Services to Customer and, where applicable, to improve the AI Features’ performance within Customer’s own environment.

6.3 AI Limitations

Customer acknowledges that AI Features:

  • May produce outputs that are incomplete, inaccurate, or unsuitable for a particular purpose;
  • Should not be used as a substitute for professional judgment, legal advice, financial advice, or medical advice;
  • May be subject to evolving capabilities, and NDM may modify, improve, or discontinue specific AI Features at its discretion;
  • Are subject to the warranties and limitations of liability set forth in this Agreement.

6.4 Human-in-the-Loop Governance

The Platform provides configurable human-in-the-loop governance controls, enabling Customer to require manual review and approval at designated stages of automated workflows. Customer is responsible for configuring and using these controls in a manner appropriate to its regulatory and operational requirements.

7. Account Obligations

7.1 Account Registration

Customer is responsible for all activities performed through its Account and those of its End Users. Customer agrees that it and each End User will: (a) provide true, accurate, current, and complete information during registration; (b) maintain and promptly update registration data; (c) immediately notify NDM of any unauthorized use of an Account or other security breach; and (d) log out of the Account at the end of each session.

7.2 Credentials & Security

Each End User must select a secure password during registration. Customer is responsible for maintaining the confidentiality of all passwords and credentials. Customer acknowledges that once an initial password is changed, NDM does not retain the ability to retrieve it. Customer is fully responsible for all activities occurring under its credentials. NDM shall not be liable for any loss arising from unauthorized use of Customer’s or End Users’ credentials.

7.3 Technical Requirements

Customer is solely responsible for acquiring, installing, and maintaining the hardware, software, and internet connectivity required to access the Platform. NDM does not warrant compatibility with all browsers, devices, or operating systems beyond those specified in the Documentation.

7.4 Compliance with Law

Both Parties represent and warrant that they will comply with all applicable laws in connection with their performance under this Agreement. Customer will promptly notify NDM of any discovered unauthorized use of the Platform or any security breach. NDM may suspend the Services upon notice if Customer materially violates this Section, until the violation ceases and reasonable assurances are provided.

8. Acceptable Use & Restrictions

Customer shall not, and shall not permit any End User or third party to:

  • Use the Platform to defame, harass, threaten, or violate the legal rights of others;
  • Transmit unlawful, infringing, harmful, fraudulent, or objectionable material through the Platform;
  • Upload or transmit any material containing viruses, malware, Trojan horses, or other code designed to disrupt, damage, or limit the functionality of any systems;
  • Interfere with or disrupt the Platform, its servers, or connected networks;
  • Attempt to gain unauthorized access to the Platform, other customers’ accounts, or NDM’s systems;
  • Copy, modify, or create derivative works of the Platform or any of its components;
  • Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Platform;
  • Bypass or circumvent any security measures, access controls, or rate limits;
  • Remove, alter, or obscure any proprietary notices, trademarks, or intellectual property markings;
  • Use the Platform for competitive analysis, benchmarking, or the development of competing products;
  • Resell, sublicense, or make the Platform available to third parties except as expressly authorized by NDM;
  • Use the Platform in violation of any applicable law, regulation, or governmental requirement;
  • Use AI Features to generate content that is misleading, deceptive, or intended to impersonate individuals or organizations;
  • Attempt to extract, reverse engineer, or replicate AI models, training data, or algorithms used in the Platform.

NDM reserves the right to monitor use of the Platform and to review, retain, and disclose information as necessary to ensure compliance with applicable law and this Agreement.

9. Intellectual Property Rights

9.1 NDM’s Intellectual Property

All title, ownership rights, and Intellectual Property Rights in and to the Platform, Documentation, NDM materials, trademarks, Updates, AI models, algorithms, and all Feedback (including derivative works and copies) are and will remain owned exclusively by NDM and/or its licensors. The Platform’s source code is proprietary and is not licensed or escrowed under this Agreement.

9.2 Customer’s Intellectual Property

All title, ownership rights, and Intellectual Property Rights in and to: (a) Customer’s pre-existing data and materials; (b) Content uploaded to the Platform; and (c) processed outputs that Customer receives from the Services, remain owned exclusively by Customer and/or its licensors.

9.3 Feedback

Customer may voluntarily provide Feedback to NDM. Customer hereby grants NDM a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Platform and Services without restriction, attribution, or compensation to Customer.

9.4 Pre-Existing Rights

All Intellectual Property Rights belonging to a Party prior to entering into this Agreement shall remain vested in that Party. Nothing in this Agreement transfers ownership of either Party’s pre-existing intellectual property.

10. Your Content

10.1 Ownership & Responsibility

Customer retains all ownership rights in its Content. Customer is solely responsible for ensuring that: (i) it has all necessary rights, licenses, and permissions for all Content uploaded to or processed through the Platform; and (ii) no Content is unlawful or infringes upon the rights of any third party.

10.2 License to NDM

Customer grants NDM a limited, non-exclusive license to host, store, process, and display Customer’s Content solely as necessary to provide the Services. This license terminates upon the expiration or termination of the Agreement, subject to the data retrieval period described in Section 17.

10.3 Content Moderation

NDM reserves the right, in its sole discretion, to restrict, limit, reject, or remove any Content that NDM reasonably determines to be in violation of applicable law or this Agreement. NDM makes no representations or endorsements regarding any Content uploaded or transmitted by Customer.

10.4 De-identified Data

NDM may generate aggregated, de-identified, and anonymized data derived from Customer’s use of the Platform (“De-identified Data”). Such data will not contain any information that identifies or could reasonably be used to identify Customer, its End Users, affiliates, or business activities. NDM may use De-identified Data for internal analytics, product improvement, and industry research, but will not sell it to third parties or use it for any purpose that could result in re-identification.

11. Fees & Payment

11.1 Fees

All Fees are as specified in the applicable Order Form. Customer agrees to pay the total Fees for each Subscription for the entire Subscription Term. Unless otherwise specified, Fees are due monthly in advance on the Billing Date. NDM may offer quarterly or annual prepayment options with applicable discounts as set forth in the Order Form.

11.2 Payment Method

Customer agrees to provide a valid payment method and authorizes NDM to charge the applicable Fees on a recurring basis until Customer terminates the Agreement or cancels the applicable Subscription. All Fees paid are final and non-refundable, except as expressly provided in this Agreement.

11.3 Price Changes

NDM may amend its Fees and pricing structure with at least thirty (30) days’ prior written notice. For existing Subscriptions, price changes take effect only upon the renewal of the applicable Subscription Term. If third-party costs materially increase NDM’s cost of delivering the Services, NDM may propose a reasonable fee increase with thirty (30) days’ notice; Customer may accept or decline, in which case NDM may terminate the affected Subscription(s).

11.4 Late Payment

Late payments accrue interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower. Customer shall reimburse NDM for reasonable collection costs, including attorneys’ fees not exceeding fifteen percent (15%) of the outstanding amount. NDM may, upon notice and a reasonable opportunity to cure, suspend access to the Platform if undisputed amounts remain unpaid when due.

11.5 Taxes

All Fees are exclusive of taxes. Customer is responsible for all sales, use, value-added, and similar taxes imposed by any governmental entity (other than taxes based solely on NDM’s income). Where NDM is legally obligated to collect such taxes, they will be added to Customer’s invoice. Customer will provide valid tax exemption certificates where applicable.

11.6 Acceleration

Upon termination of this Agreement for any reason other than NDM’s uncured material breach, all outstanding Fees become immediately due and payable on the effective date of termination.

12. Confidentiality

12.1 Obligations

Each Party (the “Recipient”) agrees to hold all Confidential Information received from the other Party (the “Disclosing Party”) in confidence and not to disclose, copy, or use such information except as expressly permitted by this Agreement. The Recipient will protect Confidential Information using at least the same degree of care it uses for its own confidential information, but no less than reasonable care.

Customer acknowledges that the Platform, Documentation, and all pricing are NDM’s Confidential Information. NDM acknowledges that all Content is Customer’s Confidential Information.

12.2 Duration

Confidentiality obligations survive for three (3) years following termination of the Agreement; however, obligations regarding trade secrets continue for as long as such information qualifies as a trade secret under applicable law.

12.3 Exceptions

Confidentiality obligations do not apply to information that: (i) was publicly known at the time of disclosure or becomes publicly known through no fault of the Recipient; (ii) was already in the Recipient’s possession without restriction; (iii) is independently developed by the Recipient without use of Confidential Information; or (iv) is lawfully obtained from a third party without restriction. A Recipient may disclose Confidential Information if required by law or court order, provided the Recipient gives the Disclosing Party prompt notice (where permitted) and reasonable opportunity to seek protective measures.

12.4 Return of Materials

Upon request or upon termination of the Agreement, the Recipient shall promptly destroy or return all Confidential Information and any copies, except for copies reasonably necessary for legal or record-keeping purposes or embedded in automated backups.

13. Data Protection

13.1 Data Processing

To the extent that NDM processes personal data on behalf of Customer, NDM shall do so in accordance with our Privacy Policy and any applicable Data Processing Agreement (DPA) executed between the Parties. Where required by applicable data protection law (including the GDPR and CCPA), the Parties will enter into a DPA governing the processing of personal data.

13.2 Security Measures

As an ISO 27001 certified organization, NDM implements and maintains appropriate administrative, physical, and technical safeguards to protect Customer’s Confidential Information and personal data. These safeguards include encryption in transit and at rest, role-based access controls, regular security audits, and incident response procedures.

13.3 Sub-Processors

NDM may engage sub-processors to assist in delivering the Services. NDM will maintain a list of sub-processors and will provide Customer with notice of any new sub-processors. NDM remains responsible for sub-processors’ compliance with the data protection obligations of this Agreement.

13.4 Data Breach Notification

In the event of a confirmed security breach affecting Customer’s personal data, NDM will notify Customer without undue delay (and in no event later than seventy-two (72) hours after becoming aware of the breach), provide a description of the nature and scope of the breach, and take reasonable steps to mitigate the impact.

14. Warranties & Disclaimers

14.1 NDM Warranties

NDM represents and warrants that:

  • It will provide the Services in a manner consistent with generally accepted industry standards;
  • It has all rights, licenses, and authorizations necessary to grant the rights and licenses in this Agreement;
  • The Platform will operate substantially in conformity with its Documentation under normal use;
  • NDM will comply with all applicable laws when performing its obligations under this Agreement;
  • To NDM’s knowledge, the Platform does not contain viruses, Trojan horses, or other malicious code designed to disrupt Customer’s systems.

14.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NDM DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NDM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ALL DEFECTS WILL BE CORRECTED. NDM MAKES NO WARRANTIES REGARDING AI-GENERATED OUTPUTS, INCLUDING THEIR ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE. NDM MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY THIRD-PARTY PRODUCTS OR SERVICES.

15. Limitation of Liability

15.1 Exclusion of Consequential Damages

EXCEPT IN CONNECTION WITH BREACHES OF CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.2 Maximum Liability

EXCEPT FOR CLAIMS ARISING FROM BREACHES OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, OR PAYMENT OBLIGATIONS, NEITHER PARTY’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO NDM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

16. Indemnification

16.1 NDM Indemnification

NDM shall indemnify, defend, and hold harmless Customer and its officers, directors, employees, and Affiliates against any third-party claims arising from: (i) infringement by the Platform of any patent, copyright, or trademark, or misappropriation of any trade secret; or (ii) NDM’s breach of its confidentiality obligations. If the Platform becomes or is likely to become subject to an infringement claim, NDM may, at its sole option: (a) obtain the right for Customer to continue using the Platform; (b) replace or modify the affected component to be non-infringing while maintaining substantially equivalent functionality; or (c) if neither (a) nor (b) is commercially reasonable, terminate the license and refund any prepaid Fees for the affected component.

NDM has no indemnification obligation for claims arising from: (i) combination of the Platform with software or materials not provided or recommended by NDM; (ii) modification of the Platform by anyone other than NDM; (iii) use not in accordance with the Documentation; or (iv) failure to use the most current version of the Platform when such update would have avoided the infringement.

16.2 Customer Indemnification

Customer shall indemnify, defend, and hold harmless NDM against all third-party claims arising from: (i) Content uploaded by Customer or its End Users that infringes or violates any third-party right; (ii) Customer’s unauthorized use of the Platform; or (iii) Customer’s breach of confidentiality obligations.

16.3 Indemnification Procedures

The indemnified Party must: (i) provide prompt written notice of the claim; (ii) cooperate fully in the defense; and (iii) grant the indemnifying Party sole authority to defend or settle the claim, provided no settlement deprives the indemnified Party of future rights. The indemnified Party may engage legal counsel to monitor (but not control) the defense at its own expense.

17. Term & Termination

17.1 Agreement Term

This Agreement commences on the Effective Date and continues until terminated in accordance with this Section.

17.2 Subscription Term

Each Subscription commences on the Subscription Start Date specified in the Order Form and continues for the Initial Subscription Term. Subscriptions automatically renew for successive periods equal to the Initial Subscription Term (each, a “Renewal Term”), unless either Party provides sixty (60) days’ written notice of non-renewal prior to the end of the then-current Subscription Term.

17.3 Termination for Cause

Either Party may terminate this Agreement:

  • If the other Party commits a material breach and fails to cure it within thirty (30) days of written notice;
  • If the other Party becomes subject to bankruptcy, insolvency, or similar proceedings;
  • If undisputed amounts remain unpaid for more than fifteen (15) days following written notice (NDM only);
  • If continued provision of Services would contravene applicable law (NDM only);
  • Upon documented verbal or written abuse by any representative of the other Party, after notice and a reasonable opportunity to remediate.

17.4 Effect of Termination

Upon termination of this Agreement: (a) all access rights and licenses immediately cease; (b) all outstanding Fees become due and payable; (c) NDM will make Customer’s Content available for retrieval for thirty (30) days, after which NDM may delete it; and (d) Customer shall return or destroy all NDM materials, Documentation, and software in its possession.

17.5 Survival

The following provisions survive termination: confidentiality obligations, intellectual property rights, payment obligations, indemnification, limitation of liability, and any other provisions that by their nature are intended to survive.

18. General Provisions

18.1 Governing Law & Jurisdiction

This Agreement is governed by the laws of the State of Delaware, without regard to conflict of law principles. The federal and state courts located in Fulton County, Georgia shall have exclusive jurisdiction over any disputes arising under this Agreement, except that NDM may initiate proceedings to enforce its Intellectual Property Rights in any court of competent jurisdiction. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Assignment

Neither Party may assign this Agreement without the other Party’s prior written consent, which shall not be unreasonably withheld for assignments to Affiliates or successors. NDM may assign this Agreement to a successor in connection with a merger, acquisition, or sale of substantially all of its assets without Customer’s consent. NDM may delegate obligations to its Affiliates.

18.3 Force Majeure

Neither Party shall be liable for any delay or failure in performance caused by events beyond its reasonable control, including natural disasters, epidemics, pandemics, war, terrorism, government actions, labor disputes, utility interruptions, or cyberattacks. The affected Party must promptly notify the other Party and use commercially reasonable efforts to mitigate the impact.

18.4 Notices

All notices must be in writing and delivered by hand, registered mail, nationally recognized courier, or email with read receipt, to the addresses specified in the Order Form or as updated by written notice.

18.5 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.6 Entire Agreement

This Agreement, including all Order Forms and schedules, constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations. In the event of conflict between these Terms and an Order Form, the Order Form controls only if it expressly states that it supersedes the applicable provision. No terms in any Customer purchase order shall modify this Agreement unless signed by an authorized representative of NDM.

18.7 Waiver & Modification

No failure or delay by either Party to exercise any right constitutes a waiver of that right. No amendment to this Agreement is effective unless in writing and signed by authorized representatives of both Parties. NDM may make non-material changes to the Services to improve quality, comply with law, or enhance performance, provided such changes do not materially degrade the Platform’s functionality.

18.8 Non-Solicitation

During the Term and for one (1) year thereafter, Customer shall not directly or indirectly solicit or encourage any person to leave the employment of NDM or its Affiliates without NDM’s prior written consent.

18.9 No Third-Party Beneficiaries

This Agreement is solely for the benefit of the Parties and does not confer any rights on third parties.

18.10 Independent Review

By entering into this Agreement, each Party acknowledges that it has had the opportunity to review all terms and to seek independent legal counsel. Each Party expressly waives any claim that it did not understand or have the opportunity to negotiate these Terms.

19. Contact Us

If you have any questions or concerns regarding these Terms of Service, please get in touch. Your message will be routed to the appropriate team based on the subject you select.