Terms of Service

Effective date: December 19, 2025 Last updated: January 9, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by NopeNet, LLC ("NopeNet", "NOPE", "we", "us", or "our"), including:

Our websites: nope.net, dashboard.nope.net, docs.nope.net
Our API service: api.nope.net (the "NOPE API")
Our Safety Audit Services (professional evaluation of AI crisis response)
Free tools including the Compliance Survey and Regulation Tracker
Any related documentation, tools, or services

By creating an account, accessing our API, or using our services, you ("Customer", "you", or "your") agree to be bound by these Terms. If you are 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, do not use our services.

Definitions

For purposes of these Terms:

"Classification" or "Classification Output" means a probabilistic assessment of text content returned by the NOPE API, including severity levels, risk categories, confidence scores, crisis resources, and associated metadata. Classifications are signals for human review, not definitive determinations, predictions, or diagnoses.
"End User" means any individual whose content is submitted to the NOPE API by Customer, or who uses Customer's products or services that incorporate NOPE, regardless of whether Customer identifies them to NopeNet.
"Input Data" means any text, messages, conversation content, or metadata that Customer submits to the NOPE API for classification.
"Crisis Signal" means content that may indicate suicidal ideation, self-harm intent, abuse, violence, or other safety concerns, as classified by the NOPE API.
"False Negative" means content that should have been classified as containing a crisis signal but was not so classified by the Service.
"False Positive" means content that was classified as containing a crisis signal when it did not in fact contain such a signal.
"Harm" means any death, physical injury, illness, disability, emotional distress, psychological injury, or other adverse outcome affecting any person.
"Service" means the NOPE API, Safety Audit Services, free tools, and all related services provided by NopeNet under these Terms, including classification endpoints, resource matching, documentation, dashboard access, the Compliance Survey, and the Regulation Tracker.
"Safety Audit Services" or "Audit Services" means professional evaluation services where NopeNet assesses an AI system's crisis response capabilities using controlled test scenarios, as described in Section 1.3.

1. Description of Service

1.1 What NOPE Does

NOPE provides a business-to-business (B2B) developer API for safety and risk signalling in text conversations. Our services include:

Core Classification Services:

POST /v1/evaluate — Comprehensive multi-domain risk classification across 9 risk types (suicide, self-harm, violence, abuse, stalking, exploitation, and more) with 180+ clinical features. Returns severity assessments, risk features, protective factors, and matched crisis resources.
POST /v1/screen (also available as /v1/sb243) — Specialized endpoint for crisis screening and regulatory compliance (California SB243, New York Article 47). Crisis screening across 9 risk types with severity and imminence levels, audit rationale, and matched crisis resources.
GET /v1/resources — Crisis resource matching by country, crisis type, and population. Returns matched helplines and support services from our database of 4,700+ resources across 222 countries.

How It Works:

When you send conversation data to our API, we:

Route the text to large language model (LLM) providers for analysis
Apply clinical framework-informed classification (C-SSRS, HCR-20, DASH, START)
Return structured risk signals, severity assessments, and matched crisis resources
Optionally provide suggested response templates

What the outputs mean:

Classification outputs indicate the probability that submitted text contains signals associated with various risk categories. They are:

Not predictions of future behavior
Not clinical diagnoses or assessments
Not guarantees of accuracy or completeness
Signals only that require human interpretation and judgment

1.2 What NOPE Is Not

NOPE is developer infrastructure, not a clinical service.

NOPE is not a medical device, diagnostic tool, or clinical decision support system.
NOPE is not a substitute for professional clinical judgment, human review, or emergency services.
NOPE does not provide medical advice, therapy, counseling, or crisis intervention directly to end-users.
NOPE does not guarantee detection of all risks or accuracy of any particular assessment.

Our outputs are signals and tools to assist your platform. How you act on those signals is your responsibility.

1.3 Safety Audit Services

In addition to our API services, NopeNet offers professional Safety Audit Services to evaluate AI systems' crisis response capabilities.

What Audit Services Include:

Test scenarios: We provide controlled test scenarios designed to evaluate your AI system's ability to detect and respond to crisis signals (suicidal ideation, self-harm, abuse, etc.)
Evaluation methodology: We assess your system's responses using clinically-informed rubrics grounded in C-SSRS, HCR-20, DASH, and crisis intervention best practices
Findings report: A detailed report documenting strengths, gaps, and recommendations for improvement
Recommendations: Prioritized suggestions for improving crisis detection and response

How Audits Work:

We provide test scenario files with placeholder response fields
You run the scenarios through your AI system and record responses
You return completed transcripts to us
We evaluate responses against our rubrics and deliver a findings report

You retain full control: We do not require API access to your systems. You run scenarios in your own environment and share only the resulting transcripts.

Engagement Terms:

Audit engagements are governed by a separate Statement of Work (SOW) that specifies scope, deliverables, timeline, and pricing
These Terms of Service apply to Audit Services except where the SOW explicitly provides otherwise
In case of conflict between these Terms and an SOW, the SOW governs for that engagement

Confidentiality:

Our methodology: Test scenarios, rubrics, and evaluation criteria are NopeNet Confidential Information and may not be shared, published, or used to train competing services
Your results: Audit findings, scores, and identified gaps are your Confidential Information — we will not disclose them without your consent except in aggregated, anonymized form (and only when aggregated across at least 10 audits to prevent indirect identification)
Transcripts: System response transcripts you provide are processed only for evaluation purposes and deleted within 90 days of report delivery unless otherwise agreed

Intellectual Property:

NopeNet retains all rights to our audit methodology, test scenarios, rubrics, and evaluation frameworks
You receive a limited license to use your audit report for internal purposes, including sharing with your board, investors, or regulators
You may not publicly publish audit scores or findings without our prior written consent
You may state that you engaged NopeNet for a safety audit without disclosing specific results

Limitations:

Audit findings are point-in-time assessments — they do not guarantee ongoing safety or compliance
A passing score does not constitute certification, endorsement, or guarantee of safety
Audit results do not create any warranty regarding your system's crisis detection capabilities
We are not liable for decisions you make based on audit recommendations
The disclaimers and limitations in Sections 7 and 8 apply in full to Audit Services

Engagement Process:

To engage Safety Audit Services, visit nope.net/audit/contact or email [email protected].

1.4 No Direct Relationship with End Users

NopeNet provides services to you, the Customer (whether through API services or Audit Services). NopeNet has no direct relationship with, duty to, or liability toward your End Users.

End Users are not parties to these Terms and have no rights under them.
Any duty of care, intervention obligation, or responsibility for End User welfare rests solely with you.
NopeNet does not provide services directly to End Users and has no ability to contact, warn, or intervene with End Users.

Customer's waiver: Customer expressly waives any direct claim against NopeNet arising from:

End User use of Customer's products or services,
Any harm to End Users regardless of NOPE classification outputs, including death, injury, illness, disability, or emotional distress,
Any action taken or not taken by Customer based on NOPE outputs, or
Any alleged failure of NOPE to detect, classify, or flag any content.

Third-party claims: Customer agrees not to encourage, assist, fund, or facilitate any claim by End Users, their families, estates, heirs, legal guardians, personal representatives, or any other third party against NopeNet arising from the matters described above. Customer acknowledges that NopeNet has no direct relationship with, duty to, or liability toward such third parties.

To the maximum extent permitted by law, Customer agrees to defend and hold NopeNet harmless from third-party claims arising from Customer's use of the Service, regardless of the legal theory asserted (including negligence, strict liability, products liability, wrongful death, or breach of any duty). See Section 9 (Indemnification) for details.

1.4 Not for Emergency Use

THE NOPE API IS NOT FOR EMERGENCY USE.

If you or any End User is experiencing a mental health emergency or immediate risk of harm, contact emergency services (911) or the 988 Suicide & Crisis Lifeline immediately.
NOPE cannot provide crisis intervention, emergency response, or real-time human support.
NOPE classification outputs are not a substitute for emergency services, clinical assessment, or professional crisis intervention.
NOPE does not monitor outputs in real-time and cannot dispatch emergency services.

Customer is responsible for ensuring End Users have clear, prominent access to emergency resources independent of NOPE classification outputs.

1.5 Tool to Assist, Not Replace, Human Judgment

NOPE is designed to supplement, not replace, human review and professional judgment.

Customer retains sole discretion and responsibility for all decisions regarding content moderation, user intervention, and End User welfare.
NopeNet provides classification signals; Customer makes decisions.
Classification outputs are probabilistic assessments based on text analysis, not definitive clinical judgments or predictions of behavior.
NOPE cannot assess context, history, relationships, or factors known only to Customer, End Users, or mental health professionals.

You are responsible for:

Determining the appropriate response to any classification output
Implementing adequate safeguards for your specific use case
Training your personnel on appropriate crisis response procedures
Ensuring classification outputs are reviewed by qualified personnel before significant action is taken

1.6 Webhooks and Real-Time Notifications

NOPE offers optional webhook functionality for real-time notifications when elevated or critical risk is detected.

Webhook Delivery:

Webhooks are delivered on a best-effort basis — we do not guarantee delivery of every webhook event
We attempt redelivery with exponential backoff for failed deliveries (up to 3 attempts over approximately 1 hour)
Your endpoint must respond with a 2xx status code within 30 seconds to be considered successful
Webhooks that consistently fail may be automatically disabled to protect system resources

Customer Responsibilities:

You are responsible for maintaining a secure, available endpoint to receive webhooks
You must verify webhook signatures using the signing secret provided in your dashboard
You should not rely solely on webhooks for critical safety workflows — implement polling or redundant mechanisms
You are responsible for processing webhook data in accordance with your own data handling policies

No Guarantee of Timeliness:

Webhooks are typically delivered within seconds of classification, but delays may occur due to network conditions, system load, or endpoint availability
Do not use webhooks as the sole mechanism for time-critical crisis response — classification results are returned synchronously in API responses

1.7 Free Tools and Resources

In addition to our paid API services, we provide certain tools and resources at no cost:

Compliance Survey (nope.net/compliance-survey):

An interactive questionnaire to help you understand which AI safety regulations may be relevant to your business
Returns informational guidance based on your inputs about jurisdiction, user demographics, and product characteristics
Does not constitute legal advice — results are educational and should be verified with qualified legal counsel
We do not store your survey responses (see Privacy Policy Section 4.5)

Regulation Tracker (nope.net/regs):

A reference database of AI safety regulations, legislation, and guidance worldwide
Information is curated from public sources and may not be current, complete, or accurate
Does not constitute legal advice — verify all information against primary sources before relying on it for compliance decisions
Updated periodically; see "last updated" date on the page for currency

Documentation (docs.nope.net):

Technical documentation, API reference, and integration guides
Provided for informational purposes to assist with API integration

For all free tools and resources:

Provided "as-is" without warranty of any kind
We may modify, suspend, or discontinue any free tool without notice
The disclaimers and limitations in Sections 7 and 8 apply in full
No support obligations — support is provided for paid API customers only
You may not scrape, mirror, or redistribute our content without permission

1.8 Model Updates and Changes

NOPE classification relies on large language models and proprietary logic that may be updated periodically. Updates may affect:

Classification accuracy (positively or negatively)
Severity calibration and thresholds
Response latency and availability
Supported risk categories and features
Output format and structure

Our commitments:

We will use reasonable efforts to notify you of material changes to classification methodology via email or dashboard notice
We will maintain documentation of current classification capabilities

Your acknowledgments:

We do not guarantee backward compatibility of classification outputs
We are not liable for changes in classification behavior due to model updates
You are responsible for monitoring your integration and adapting to changes
Historical classification outputs may not be reproducible after model updates

2. Eligibility and Account Registration

2.1 Eligibility

To use our services, you must:

Be at least 18 years old (or the age of majority in your jurisdiction)
Have the legal capacity to enter into binding contracts
Not be prohibited from using our services under applicable law

Our services are currently intended for business customers established in the United States. We do not currently offer GDPR-compliant Data Processing Agreements, EU/UK representatives, or HIPAA Business Associate Agreements.

2.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials and API keys
All activity that occurs under your account
Promptly notifying us at [email protected] if you suspect unauthorized access

We are not liable for any loss or damage arising from your failure to protect your credentials.

3. API Access and Usage

3.1 API Keys

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the NOPE API in accordance with these Terms and our documentation.

API keys are confidential and must not be shared publicly or embedded in client-side code
You may not sell, resell, sublicense, or transfer your API access without our written consent
We may revoke API keys at any time for violation of these Terms or for any other reason

3.2 Rate Limits and Fair Use

Your usage is subject to rate limits and quotas based on your plan tier. We reserve the right to throttle or suspend access if your usage:

Exceeds your plan limits
Negatively impacts service availability for other customers
Appears to be abusive, fraudulent, or in violation of these Terms

3.3 Service Availability

We aim to provide reliable service but do not guarantee any specific uptime or availability. The NOPE API is provided on an "as available" basis. We may modify, suspend, or discontinue any part of the service at any time, with or without notice.

Service status: Current service status and incident communications are available at status.nope.net. We recommend subscribing to status updates for real-time notifications of service disruptions.

3.4 Service Modifications

We reserve the right to modify, update, or discontinue any feature, endpoint, or capability of the Service at any time. This includes changes to:

Classification methodology and models
API endpoints, parameters, and response formats
Supported risk categories and features
Pricing and plan structures

We will use reasonable efforts to provide advance notice of material changes that may affect your integration. Continued use of the Service after modifications constitutes acceptance of the modified Service.

API Deprecation Policy: For material changes to existing API endpoints (including deprecation of endpoints or API versions):

We will provide at least 90 days' advance notice via email and dashboard notification
We will maintain deprecated endpoints for at least 180 days following deprecation notice
Documentation for deprecated endpoints will remain available during the deprecation period

Exceptions: Shorter notice or immediate changes may be necessary for security vulnerabilities, legal compliance, or to prevent harm. In such cases, we will provide as much notice as reasonably practicable and explain the circumstances.

3.5 Beta and Preview Features

We may offer certain features designated as "beta," "preview," "experimental," or similar. Such features:

Are provided "as-is" without any warranty whatsoever
May be modified or discontinued without notice
May have reduced accuracy, reliability, or availability
Are excluded from any SLA or uptime commitments
Should not be relied upon for production crisis classification without explicit written approval

NopeNet makes no representations regarding the accuracy, reliability, or suitability of beta features for any purpose, including crisis detection. The disclaimers and limitations in Sections 7 and 8 apply with full force to beta features.

4. Customer Responsibilities

4.1 Compliance with Laws

You are solely responsible for ensuring that your use of NOPE complies with all applicable laws, regulations, and industry standards, including but not limited to:

Data protection and privacy laws (e.g., CCPA, GDPR if applicable to your users)
Healthcare regulations (e.g., HIPAA) — NOPE is not HIPAA-compliant
Laws governing automated decision-making
Professional licensing and duty-of-care obligations in your industry
California SB243 and other AI safety regulations
US export control laws, including the Export Administration Regulations (EAR)

Export Controls: You agree not to use, export, or re-export the Service in violation of US export control laws. The Service may not be used in comprehensively sanctioned jurisdictions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions) without appropriate US government authorization.

4.2 Appropriate Use Cases

You agree to use NOPE only for lawful purposes consistent with the service's intended function as safety infrastructure. You are responsible for:

Determining whether NOPE is appropriate for your specific use case
Implementing appropriate human oversight and escalation procedures
Not relying solely on NOPE outputs for decisions with legal, medical, or life-safety consequences
Providing appropriate disclosures to your end-users about how their data is processed

4.3 Prohibited Uses

You may not use NOPE to:

Provide direct clinical diagnosis, treatment recommendations, or medical advice to end-users
Make fully automated decisions that produce legal or similarly significant effects on individuals without appropriate human oversight
Process data in violation of applicable law or third-party rights
Attempt to reverse-engineer, probe, or extract our prompts, models, or proprietary methods
Circumvent rate limits, security measures, or access controls
Resell or redistribute our API outputs as a standalone service
Systematically extract, scrape, or bulk download data from our API (including crisis resources via /v1/resources) for the purpose of replicating our database, building a competing service, or circumventing ongoing API usage
Send test data designed to probe for system vulnerabilities without prior authorization
Use the service in any way that could cause harm to individuals or damage to NopeNet

4.4 Data You Send

You are responsible for all data you send to the NOPE API, including conversation content and metadata. You represent that:

You have all necessary rights and consents to send such data to us
You will not send data that violates any law or third-party rights
You will minimize unnecessary personal information in API requests

We ask that you not send Protected Health Information (PHI) as defined by HIPAA, as we do not offer BAAs at this time.

Data Retention — What We Store and Don't Store:

What We Store	What We Do NOT Store
Request metadata (timestamps, latency, endpoint)	Conversation content (the actual text you send)
Classification results (severity, risk types, detection flags)	End User identifiers (unless you include them)
Resources shown and referral flags	The specific words or messages analyzed
Usage statistics for billing	Per-message content history

This design is privacy-preserving by design. Our audit trail shows that a crisis was detected and what type, but never what the End User actually said. For SB243 compliance reporting, this is sufficient — regulators need to verify you're detecting and responding to crises, not read the actual conversations.

Specific retention periods are detailed in our Privacy Policy.

4.5 Crisis Response Protocol Requirement

If you use NOPE for crisis or safety classification, you MUST:

Implement and maintain a documented crisis response protocol that specifies:
- Who is notified when high-severity classifications are received
- What actions are taken at each severity level
- Response timeframes for different classification outputs
- Escalation procedures for urgent situations
- Documentation and record-keeping procedures
Ensure End Users have access to crisis resources (such as the 988 Suicide & Crisis Lifeline, Crisis Text Line, or local equivalents) regardless of NOPE classification output. Do not gate crisis resources solely behind NOPE classifications.
Maintain human oversight capability for all classifications. Do not use fully automated systems that take significant actions (account suspension, mandatory intervention, emergency contact notification, content removal affecting user safety) based solely on NOPE outputs without human review.
Not use NOPE classifications as the sole determinant for any decision materially affecting End User welfare, access to services, or legal rights.
Train relevant personnel on your crisis response protocols and the limitations of automated classification.

BY USING NOPE FOR CRISIS CLASSIFICATION, YOU ACCEPT SOLE RESPONSIBILITY FOR:

All crisis response decisions based on NOPE outputs
Fulfilling any legal duty to intervene, report, or respond that arises from receiving classification outputs
The adequacy of your crisis response protocols for your specific use case and user population
Training your personnel on appropriate response procedures
Any failure to respond appropriately to a classification output
Any harm resulting from your response or failure to respond to classification outputs

Failure to maintain adequate crisis response protocols may result in suspension or termination of your access to NOPE services.

4.6 Regulatory Compliance (Including California SB243)

NOPE provides infrastructure to assist with regulatory compliance. However:

Your Responsibility:

You are solely responsible for determining whether California SB243, the UK Online Safety Act, EU AI Act, EU Digital Services Act, Australia Online Safety Act, or any other law or regulation applies to your products or services.
You are solely responsible for all compliance obligations under applicable law, including:
- Published crisis prevention protocols (SB243 Section 22588(a))
- Crisis referral notifications (SB243 Section 22588(b))
- Annual reporting to regulatory bodies (SB243 Section 22588(e))
- Minor-specific protections (SB243 Section 22589)
- Any other requirements under applicable law

What NOPE Provides:

Classification signals to assist in identifying potential crisis content
Matched crisis resources for referral purposes
Audit logs and usage data to support your reporting obligations
Documentation of our methodology for your protocol publications

What NOPE Does Not Provide:

Legal advice or compliance certification
Guarantee that use of NOPE satisfies any legal requirement
Assumption of your regulatory obligations
Defense or indemnification for regulatory enforcement actions against you

Private Right of Action: California SB243 Section 22590 creates a private right of action allowing any person who suffers "injury in fact" to sue operators for violations, with minimum damages of $1,000 per violation plus attorney's fees. Use of NOPE does not create any defense to such claims and does not constitute compliance with SB243. If you are sued under SB243:

You may not assert that use of NOPE alone demonstrates compliance or reasonable care
You may not implead, join, or seek contribution from NopeNet based on classification accuracy
Your defense depends on your own crisis response protocols, human oversight procedures, and appropriate use of NOPE outputs

NopeNet makes no representation that use of NOPE, alone or in combination with other measures, satisfies California SB243 or any other legal requirement. Consult qualified legal counsel regarding your specific compliance obligations.

4.7 Incident Notification

You agree to notify NopeNet if you become aware of the following events. Use the appropriate contact address:

Incident Type	Timeframe
Security incidents (unauthorized access to your NOPE account, credential compromise, breach affecting NOPE integration)	Within 72 hours of discovery
Harm events (End User harms themselves or others following an interaction using NOPE classification)	Within 30 days of becoming aware
Regulatory matters (investigation, enforcement action, or litigation related to your use of NOPE)	Within 30 days of receipt of notice
Media inquiries (press inquiries specifically about your use of NOPE for safety classification)	Reasonable advance notice before responding

To report any of the above: Visit nope.net/contact or email [email protected] with "INCIDENT" in the subject line for priority handling.

Purpose and effect:

Helps us improve our services and identify potential issues
Is not an admission of liability by either party
May be subject to mutual confidentiality protections
Enables us to provide support documentation if needed

4.8 Audit Rights

NopeNet reserves the right, upon reasonable notice (not less than 10 business days except in cases of suspected material breach), to:

Request documentation of your crisis response protocols
Request evidence of human oversight procedures
Conduct remote reviews of your implementation via questionnaire or video call
Require written certification of compliance with Section 4.5 requirements
Request information about incidents involving NOPE classifications

If an audit reveals material non-compliance:

You will have 30 days to cure the deficiency
NopeNet may suspend service until compliance is demonstrated
Repeated or uncured non-compliance may result in termination without refund
NopeNet may decline to renew your subscription

Limitations:

NopeNet will not conduct more than one routine audit per 12-month period absent reasonable suspicion of non-compliance or a reported incident
Audits will be conducted in a manner that minimizes disruption to your operations
Audit findings are confidential except as required by law or to enforce these Terms

4.9 Children's Privacy and COPPA

If you use NOPE in connection with services directed to children under 13, or knowingly process data from children under 13:

You represent that you have obtained verifiable parental consent as required by COPPA, or that you qualify for the "school official" exception under COPPA and FERPA
You are solely responsible for COPPA, FERPA, and any other child privacy law compliance
NopeNet does not knowingly collect personal information directly from children under 13
You will not submit data to NOPE that you know to be from children under 13 without appropriate consent or legal basis

For school customers: If you are an educational institution or acting on behalf of one, you represent that:

You have authority to consent to data processing on behalf of students as a "school official" under COPPA
Your use of NOPE is for legitimate educational purposes
You will comply with FERPA regarding any education records

4.10 Insurance

For all customers, we recommend maintaining appropriate insurance coverage for your operations, including:

Commercial general liability insurance
Errors and omissions / professional liability coverage
Technology errors and omissions coverage
Coverage for AI-related claims where available

For high-volume customers (defined as customers processing more than 100,000 classifications per month), the following coverage is required:

Commercial general liability insurance of at least $1,000,000 per occurrence
Errors and omissions / professional liability coverage of at least $1,000,000

Failure to maintain required coverage is a material breach of these Terms and may result in suspension or termination of your access to the Service.

Upon request, you agree to provide certificates of insurance evidencing such coverage within ten (10) business days. We may verify coverage annually for customers subject to the insurance requirement.

5. Fees and Payment

5.1 Pricing

Your use of the NOPE API may be subject to fees based on your plan tier and usage volume. Current pricing is available at nope.net or in your dashboard.

5.2 Payment Terms

If you are on a paid plan:

Fees are billed in advance or arrears as specified in your plan
All fees are non-refundable except as required by law
We may change pricing with reasonable notice; continued use after a price change constitutes acceptance

5.3 Taxes

You are responsible for all applicable taxes. Our fees are exclusive of taxes unless stated otherwise.

6. Intellectual Property

6.1 Our IP

All rights, title, and interest in the NOPE API, our websites, documentation, prompts, models, algorithms, and other proprietary technology remain with NopeNet. These Terms do not grant you any ownership rights.

6.2 Your Data

You retain ownership of the data you send to us. By using our services, you grant us a limited license to process your data solely to provide the services and as described in our Privacy Policy.

6.3 Feedback

If you provide feedback, suggestions, or ideas about our services, we may use them without restriction or compensation to you.

6.4 Classification Outputs

Your rights: You receive a non-exclusive, worldwide license to use Classification Outputs (risk signals, severity assessments, matched resources, and related metadata) for your internal business purposes, including:

Displaying to your End Users or personnel
Storing in your systems for audit, compliance, and operational purposes
Integrating into your products and services
Generating reports and analytics for your business

Restrictions: You may not:

Redistribute Classification Outputs as a standalone data product or service
Use Classification Outputs to train machine learning models that compete with NOPE
Sell or license Classification Outputs to third parties separately from your own services
Remove or obscure any attribution or source information we include in outputs

Our rights: NopeNet retains the right to use aggregated, anonymized data derived from Classification Outputs (e.g., aggregate severity distributions, resource match frequencies) for service improvement, research, and reporting. Such aggregated data cannot identify any individual End User or Customer.

6.5 Confidentiality

Each party agrees to hold in confidence any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

Confidential Information includes:

API keys and credentials
Non-public pricing terms
Audit findings and compliance assessments
Security incident reports
Classification methodology details beyond public documentation
Customer's crisis response protocols shared with NopeNet
Business plans, customer lists, and technical specifications

Exclusions: Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is received from a third party without restriction.

Permitted Disclosures: Neither party will disclose Confidential Information except:

To employees, contractors, or advisors with a need to know, who are bound by confidentiality obligations at least as protective as these Terms
As required by law, regulation, or court order, provided the receiving party gives prompt notice where legally permitted
With prior written consent of the disclosing party

Duration: Confidentiality obligations survive termination for three (3) years, except for trade secrets which remain protected indefinitely.

7. Disclaimers

7.1 No Warranties

THE NOPE API AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

Merchantability — fitness for a particular purpose
Accuracy — that outputs will be correct, complete, or reliable
Availability — that the service will be uninterrupted or error-free
Security — that the service will be free from vulnerabilities or unauthorized access
Non-infringement — that our services do not infringe third-party rights

7.2 No Medical or Clinical Guarantees

NOPE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

We do not guarantee that our service will detect all risks, crises, or safety concerns.
We do not guarantee the accuracy, completeness, or clinical validity of any assessment.
Our risk classifications and severity ratings are probabilistic signals, not definitive clinical judgments.
False negatives (missed risks) and false positives (over-flagging) will occur.

You must not rely solely on NOPE outputs for any decision involving health, safety, or welfare. Appropriate human oversight and clinical judgment are required.

7.3 No Guarantee of Detection

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, NOPENET DOES NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL:

Detect all instances of suicidal ideation, self-harm intent, crisis signals, abuse, violence, or any other risk category;
Function with any specific level of precision to identify, flag, or prevent any category of harmful content;
Prevent any harm to any End User, Customer, or third party;
Satisfy any legal or regulatory requirement, including California SB243, regardless of classification accuracy;
Provide clinically valid assessments of mental health status, suicide risk, or any medical condition;
Identify all users who may be at risk of self-harm, suicide, or harm to others;
Replace professional clinical judgment or crisis intervention by trained personnel.

THE SERVICE WILL PRODUCE:

False negatives: Content that should be flagged as a risk but is not detected. Some users in genuine crisis will not be identified.
False positives: Content incorrectly flagged as a risk when it is not. Some benign content will be over-flagged.
Severity misclassifications: Content classified at incorrect severity levels, both over- and under-estimating risk.
Inconsistent results: Different classifications for similar or identical content due to model variability.
Missed context: Failure to identify risk due to limitations in understanding context, sarcasm, cultural references, or coded language.

No automated classification system can achieve 100% accuracy. The inherent limitations of natural language processing, the ambiguity of human communication, and the complexity of crisis presentation mean that errors are inevitable and expected.

Customer acknowledges and accepts these limitations as a fundamental condition of using the Service and agrees not to assert any claim against NopeNet based on classification accuracy or the occurrence of false negatives or false positives.

7.4 Clinical Framework and Regulatory Disclaimer

NOPE's classification methodology is informed by clinical frameworks including:

C-SSRS (Columbia Suicide Severity Rating Scale)
HCR-20 (Historical Clinical Risk Management)
DASH (Domestic Abuse, Stalking and Harassment)
START (Short-Term Assessment of Risk and Treatability)

However, NOPE:

Is not a validated clinical instrument and has not undergone clinical validation studies for diagnostic or screening purposes
Is not FDA-cleared, FDA-approved, or FDA-registered as a medical device, diagnostic tool, or clinical decision support system
Has not been evaluated by the FDA or any other regulatory authority for safety or efficacy
Is not intended to diagnose, treat, cure, or prevent any disease, disorder, or mental health condition
Does not constitute medical advice, clinical assessment, or professional opinion

Use of clinical framework terminology (e.g., "C-SSRS level," "severity," "imminence") indicates methodological influence on our classification approach, not clinical equivalence or validation.

Classification outputs should never be used:

As the sole basis for clinical treatment decisions
As a substitute for assessment by qualified mental health professionals
To diagnose any mental health condition
To make medical or psychiatric treatment recommendations to End Users

7.5 Third-Party Services

Our service relies on third-party LLM providers, hosting services, and other infrastructure. We are not responsible for the availability, accuracy, or conduct of these third parties.

8. Limitation of Liability

8.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOPENET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Cost of substitute services
Damages arising from any failure to detect a risk, crisis, or safety concern
Damages arising from any action taken or not taken based on NOPE outputs

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

The amounts you paid to us in the twelve (12) months preceding the claim, or
One hundred US dollars ($100)

8.3 Classification Accuracy and Harm Exclusion

NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, INCLUDING THE LIABILITY CAP IN SECTION 8.2, NOPENET SHALL HAVE NO LIABILITY WHATSOEVER, UNDER ANY LEGAL THEORY, FOR:

False negative classifications — any failure to classify, detect, flag, or identify any content as a crisis, risk, or safety concern, regardless of the severity of resulting harm;
False positive classifications — any incorrect classification of content as a crisis, risk, or safety concern;
Severity misclassifications — any classification at an incorrect severity, imminence, or risk level;
Harm to any person — any death, injury, illness, disability, emotional distress, or other harm to any End User, Customer personnel, or third party, regardless of:
- Whether NOPE was used in connection with the interaction
- The accuracy or inaccuracy of any classification output
- Any action taken or not taken based on classification outputs
Reliance on outputs — any reliance by Customer, End Users, or any third party on classification outputs, crisis resources, severity assessments, or response suggestions;
Customer decisions — any action taken or not taken by Customer or any third party based on NOPE outputs, including decisions regarding user intervention, content moderation, account status, or crisis response;
Regulatory non-compliance — any failure to comply with California SB243, UK Online Safety Act, or any other law or regulation, regardless of NOPE classification accuracy;
Design defect claims — any claim that the Service's design, architecture, methodology, classification approach, model selection, or feature set was defective, inadequate, unreasonably dangerous, or should have been designed differently;
Failure to warn claims — any claim that NopeNet failed to adequately warn of limitations, risks, error rates, or potential for classification errors (Customer acknowledges that these Terms, our documentation, and the inherent nature of probabilistic classification constitute adequate warning);
Products liability claims — any claim under strict products liability, manufacturing defect, design defect, or failure to warn theories, regardless of how the Service is characterized under applicable law.

THIS EXCLUSION APPLIES:

Regardless of the theory of liability asserted (contract, tort, negligence, gross negligence, strict liability, products liability, statutory liability, or otherwise)
Even if NopeNet has been advised of the possibility of such damages
Even if any limited remedy fails of its essential purpose
Even if the harm was foreseeable
To the maximum extent permitted by applicable law

Customer expressly acknowledges that:

These exclusions are a fundamental basis of the bargain
NopeNet would not provide the Service without them
NopeNet's pricing does not reflect assumption of liability for classification accuracy or resulting harm
Customer is best positioned to implement appropriate safeguards for its End Users
The allocation of risk in this Section reflects the parties' informed agreement

8.4 Essential Basis and Risk Allocation

You acknowledge that the disclaimers and limitations in Sections 7 and 8:

Are an essential basis of the bargain between the parties
Reflect a reasonable allocation of risk given the nature of the Service
Were a material factor in NopeNet's decision to offer the Service at its current pricing
Would result in significantly higher pricing or unavailability of the Service if not included

The parties agree that:

The Service involves inherent uncertainty in classification accuracy that cannot be eliminated
No automated system can guarantee detection of all crisis signals or prevention of all harm
The potential consequences of classification errors include serious harm or death
NopeNet's fees do not reflect assumption of liability for such consequences
Customer is best positioned to implement appropriate safeguards, human oversight, and crisis response protocols for its specific End User population
Customer voluntarily assumes the risk that the Service will not detect all crisis signals

9. Indemnification

9.1 Customer Indemnification of NopeNet

You agree to indemnify, defend, and hold harmless NopeNet and its officers, directors, employees, agents, affiliates, successors, and assigns ("NopeNet Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or related to:

Your use of the NOPE API or related services, including any integration, implementation, deployment, or operational decisions;
Your violation of these Terms, including Section 4.3 (Prohibited Uses), crisis response protocol requirements, and data handling obligations;
Your violation of any applicable law, including California SB243, HIPAA, CCPA, COPPA, FERPA, or any other privacy, safety, healthcare, or consumer protection law;
Claims by End Users or third parties, including any claim by an End User of your platform, or their family, estate, heirs, guardians, or representatives, related to:
- Your products or services
- Your use of NOPE
- Any harm to the End User regardless of cause
- Your crisis response or failure to respond
Harm allegations, meaning any allegation that your use of our services, your products, or your actions or inactions caused or contributed to harm to any person, except to the extent a court of competent jurisdiction issues a final, non-appealable judgment finding that such harm resulted directly and solely from NopeNet's gross negligence or willful misconduct (and not from classification accuracy, false negatives, false positives, or any factor within Customer's control or responsibility);
Regulatory matters, including any regulatory investigation, enforcement action, fine, penalty, or proceeding related to your compliance obligations;
Protocol failures, meaning your failure to implement or maintain adequate crisis response protocols, human oversight, or End User safeguards as required by these Terms or applicable law;
Data claims, including any claim that data you sent to NOPE infringed third-party rights, was collected without proper consent, or was processed or transmitted in violation of law;
Third-party claims, including any claim by any third party arising from or related to your use of the Service.

9.2 Indemnification Procedure

The NopeNet Indemnified Parties will:

Promptly notify you in writing of any claim subject to indemnification (provided that failure to provide prompt notice does not relieve your indemnification obligations except to the extent you are materially prejudiced by the delay);
Provide reasonable cooperation in the defense of such claim at your expense;
Allow you to control the defense and settlement of such claim, provided that:
- You may not settle any claim that admits liability or fault on the part of any NopeNet Indemnified Party without our prior written consent
- You may not settle any claim that imposes any non-monetary obligation on any NopeNet Indemnified Party without our prior written consent
- We may participate in the defense with counsel of our choosing at our own expense
- If you fail to promptly assume the defense, we may do so at your expense

9.3 NopeNet Indemnification (Limited)

NopeNet will indemnify, defend, and hold you harmless against third-party claims that the NOPE API, as provided by NopeNet and used by you in accordance with these Terms, directly infringes a valid United States patent, registered copyright, or misappropriates a trade secret.

This indemnification does NOT apply to claims arising from:

Your modification of the Service or its outputs
Your combination of the Service with other products, services, or data
Your use of the Service in violation of these Terms
Classification outputs, their accuracy or inaccuracy, or any decision based thereon
Any claim that could have been avoided by using a then-current version of the Service made available to you
Open-source components or third-party materials
Your content, data, or specifications

Our sole obligation upon a covered infringement claim is, at our option: (a) procure the right for you to continue using the Service; (b) modify the Service to be non-infringing; or (c) terminate your access and refund prepaid fees for the terminated period.

Maximum liability for NopeNet's indemnification obligations under this Section 9.3 shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

9.4 Exclusive Remedy

THIS SECTION 9 STATES THE ENTIRE LIABILITY AND EXCLUSIVE REMEDY of the parties with respect to infringement or misappropriation of intellectual property rights.

9.5 Survival

These indemnification obligations survive termination or expiration of these Terms.

10. Term and Termination

10.1 Term

These Terms are effective when you first access our services and continue until terminated.

10.2 Termination by You

You may stop using our services and close your account at any time through the dashboard or by contacting us.

10.3 Termination by Us

We may suspend or terminate your access for cause, including:

Violation of these Terms
Non-payment of fees
Failure to maintain adequate crisis response protocols
Failure to maintain required insurance coverage
Conduct that we believe is harmful to other customers, us, or third parties

For customers on paid plans in good standing, we will use reasonable efforts to provide seven (7) days' notice before termination without cause, except where immediate termination is necessary to prevent harm, comply with law, protect other customers, or respond to security incidents.

We may also suspend or terminate access if we discontinue the Service, with reasonable notice where practicable.

10.4 Effect of Termination

Upon termination:

Your license to use our services ends immediately
We may delete your account data in accordance with our Privacy Policy
Sections on Definitions, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions survive termination

10.5 Data Export

Upon termination or account closure, you may request an export of your classification metadata (severity levels, domains flagged, crisis types, timestamps) and usage statistics in a standard machine-readable format (JSON or CSV) within 30 days of termination. To request an export, visit nope.net/contact or email [email protected].

After the 30-day period, your data will be deleted or anonymized in accordance with our Privacy Policy. We do not retain conversation content (Input Data) and therefore cannot export it.

This export capability supports your SB243 compliance and audit requirements. We recommend maintaining your own records of classification metadata for regulatory purposes.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

11.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting each other and negotiating in good faith for at least thirty (30) days.

11.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, except as modified herein.

Arbitration procedures:

The arbitration shall be held in Wilmington, Delaware, or another mutually agreed location
The arbitration shall be conducted by a single arbitrator with experience in technology and SaaS disputes
The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction
The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act
Discovery shall be limited to requests for relevant documents and one deposition per side, unless the arbitrator determines additional discovery is necessary
The parties will cooperate in good faith to complete arbitration within 180 days of filing where practicable
Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines that a claim or defense was frivolous, in which case the arbitrator may award fees to the prevailing party

11.4 Exceptions to Arbitration

Notwithstanding Section 11.3, either party may:

Seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information
Bring claims in small claims court if the claim qualifies and remains in small claims court
Seek provisional remedies in aid of arbitration from a court of appropriate jurisdiction

11.5 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NOPENET EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Disputes must be brought on an individual basis only. Neither you nor NopeNet may bring a claim as a plaintiff or class member in a class, consolidated, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from the arbitration and may be brought in court, subject to your and NopeNet's right to appeal the decision.

11.6 Opt-Out

You may opt out of the arbitration and class action waiver provisions of this Section 11 by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other provisions of these Terms remain in effect.

11.7 Changes to This Section

NopeNet will provide at least sixty (60) days' advance notice of any material changes to this Section 11. Changes will not apply retroactively to disputes arising before the effective date of the change.

11.8 Limitation Period

Any claim arising under or related to these Terms must be brought within one (1) year after the cause of action accrues, regardless of any longer statutory limitation period. This limitation applies to all claims regardless of legal theory (contract, tort, statutory, or otherwise).

Exception: This limitation period does not apply to: (a) claims for indemnification under Section 9, which may be brought within the limitation period applicable to the underlying third-party claim; or (b) claims for breach of confidentiality under Section 6.5.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NopeNet regarding the services and supersede all prior agreements.

12.2 Amendments

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or dashboard notice at least thirty (30) days in advance. Your continued use after changes become effective constitutes acceptance.

12.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

12.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

12.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

12.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. End Users are not third-party beneficiaries of these Terms.

12.7 Force Majeure

Neither party will be liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, failures of third-party providers, including large language model providers, cloud infrastructure providers, API routing services, or other critical dependencies.

12.8 Notices

Notices to NopeNet must be sent to [email protected] or via nope.net/contact. Notices to you will be sent to the email address associated with your account.

13. Contact Us

If you have questions about these Terms, contact us at:

Web: nope.net/contact Email: [email protected]

Mail: NopeNet, LLC 382 NE 191st St PMB 775891 Miami, Florida 33179-3899 US