LAST UPDATED: AUGUST 2026

1. ACCEPTANCE 

1.1. Binding Agreement  
By accessing or utilizing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms”).

1.2. Applicability and Relationship to Other Agreements 
These Terms of Service (“Terms”) govern your access to and use of the Nektar platform (“Service”).

1.2.1 Users Covered by a Master Services Agreement 
If your access to the Service is authorized by an organization (“Customer”) that has entered into a separate written Master Services Agreement (“MSA”) or other customized enterprise contract with Nektar, these Terms are supplemental to that agreement. In the event of any conflict or inconsistency between these Terms and the executed MSA, the terms of the MSA shall control and take precedence.

1.2.2 All Other Users 
If no separate written MSA exists between Nektar and the organization or entity authorizing your access, your use of the Service is governed strictly by these Terms and our standard commercial agreement available at https://nektar.io/terms-conditions/. Your access remains contingent upon the continued validity of the underlying Customer account.

1.3. Electronic Consent 
You agree that clicking “I Agree” or otherwise electronically accessing the Platform constitutes a legal signature and manifests your consent to be bound by these Terms as if you had signed them in writing.

2. DEFINITIONS

2.1. “Nektar” refers to Nektar Inc., its affiliates, and its third-party service providers.

2.2. “Platform” includes all associated software, mobile applications, APIs, websites, and technical documentation provided by Nektar.

2.3. “Customer” means the business entity, organization, or employer that has authorized your access to the Services and has purchased a Nektar subscription.

2.4. “Customer Account” (or “Customer Instance”) means the secure logical partition of the Platform provisioned for the Customer’s exclusive use. 

2.5.“Customer Data” means all data, photos, or information you or the Customer submit to the Platform.

2.6. “Authorized User” means an individual employee or contractor of a Customer who has been granted access to the Platform. 

2.7. “User Account” means the unique set of credentials and the digital profile provided to you for exclusive access to and use of the Platform within the Customer Account.

2.8.“Anonymized Data” means Customer Data that has been de-identified so that it does not identify, and cannot reasonably be used to identify, you, the Customer, or specific projects.

2.9.“Usage Data” means metadata and other information relating to the performance, operation, and use of the Platform.

2.10. “Professional Services” means any product support, technical, implementation, data migration, training, or consulting services provided by Nektar to Customer

2.11.  “Services” means, collectively, the Platform and any Professional Services provided by Nektar to Customer.

3. ELIGIBILITY AND ACCOUNT SECURITY

3.1. Eligibility 
You represent that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction) and possess the legal capacity to enter into a binding contract. 

3.2.  Exclusive Use 
Your User Account is for your exclusive use. You are strictly prohibited from sharing your credentials or accessing the Platform through an account not specifically issued to you.

3.3. Responsibility 
You are solely responsible for all activities occurring under your User Account. You must notify Nektar immediately if you suspect your credentials have been compromised.

3.4. No Waiver of Customer Liability 
Your personal responsibility for your User Account is in addition to, and does not replace, the Customer’s liability for all activities occurring under its account as established in the MSA or Nektar Standard Terms and Conditions. 

4. PROHIBITED CONDUCT

As a condition of use, you agree not to engage in the following. Items listed in this section are examples and not an exhaustive list; additional usage rules may be set forth in the applicable MSA or Nektar Standard Terms and Conditions:

4.1. AI & Data Harvesting 
Use any automated system to scrape, harvest, or systematically download data from the Platform or use any content or data from the Platform to train, develop, or improve any machine learning or artificial intelligence models.

4.2. Infrastructure Stress 
Perform any action that imposes, or may impose in Nektar’s sole discretion, an unreasonable or disproportionately large load on our infrastructure, including “load testing” or “stress testing” the Platform.

4.3. System Integrity & Security 
Attempt to bypass, circumvent, or disable any security features, digital rights management, or usage limits or otherwise interfere with the proper working of the Platform. This includes, but is not limited to, attempting to probe, scan, or test the vulnerability of Nektar’s systems, networks, or authentication measures.

4.4. Deceptive Behavior 
Use the Platform to impersonate any person, misrepresent your affiliation with a person or entity, or engage in “phishing” or “spoofing” against other users.

4.5. Commercial Misuse 
Rent, lease, sub-license your access to your User Account. Additionally, you agree not to access the Platform if you are a direct competitor of Nektar or use any portion of the Platform for competitive benchmarking or to build, develop, or improve a competing product or service.

4.6. Technical Abuse 
Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, logic, algorithms, or any underlying architecture of the Platform.

4.7. Removal of Proprietary Notices 
Remove, obscure, or amend Nektar’s name, logo, or any proprietary notices, labels, or marks (including copyright and trademark notices) displayed on the Platform.

4.8. Malicious Activity 
Knowingly or negligently upload, transmit, or otherwise infect the Platform with viruses, worms, Trojan horses, or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Platform or Nektar’s infrastructure.

4.9. Harmful Content 
Upload or transmit any content that is illegal or abusive, harassing, obscene, slanderous, promotes violence or constitutes hate speech or violates the privacy or intellectual property rights of others.

4.10. Sensitive Data 
Upload sensitive personal information, such as government-issued IDs (SSN/SIN/Driver’s Licenses) or financial account details, into the Platform. 

4.11. Export & Sanctions Compliance 
Access or use the Platform from a sanctioned region or in violation of any applicable export, re-export, or import laws, including those of Canada and the United States. 

5. DATA, INTELLECTUAL PROPERTY, AND CONFIDENTIALITY

5.1. Ownership 
Nektar and its licensors retain all right, title, and interest in the Platform, including all software, algorithms, and any improvements or derivative works.

5.2. Confidentiality 
You may have access to non-public information regarding Nektar’s technology, workflows, user interface, user experience, system architecture, commercial terms, and pricing (“Confidential Information”). You agree to keep this information strictly confidential and not disclose it to any third party. This obligation survives the closure of your User Account.

5.3. License to Customer Data 
While Customer Data remains the property of the Customer, you grant Nektar a worldwide, royalty-free, and non-exclusive license to host, copy, transmit, and display that data as necessary to provide the Services to you and the Customer.

5.4. Usage and Anonymized Data 
Nektar owns all right, title, and interest in Usage Data and Anonymized Data. Nektar may use this data to improve the Platform, create benchmarks, and train AI models and for other developmental purposes. Nektar will not use identifiable Customer Data to train models in a manner that permits the reconstruction of your or the Customer’s Confidential Information. Any derivative works from Usage and Anonymized Data and AI models trained utilizing such data, shall belong solely to Nektar.

5.5. Feedback 
If you provide suggestions or recommendations (“Feedback”), you grant Nektar a perpetual, irrevocable, and royalty-free license to use and incorporate such Feedback into the Platform without compensation, credit, or any other obligation to you.

5.6. Privacy & PIPA Consent 
Your use of the Platform is subject to the Nektar Privacy Policy (https://nektar.io/privacy-policy/). In accordance with the Alberta Personal Information Protection Act (“PIPA”), you provide express consent to Nektar’s collection, use, and disclosure of your business contact information (such as name, email, and job title) and your location data (where applicable for mapping and asset tracking) for the purpose of providing and improving the Services. Any inquiries regarding Nektar’s privacy practices may be directed to info@nektar.io.

6. IMPORTANT DISCLAIMERS

6.1. NO PROFESSIONAL ADVICE. NEKTAR PROVIDES DATA MANAGEMENT TOOLS AND IS NOT A PROFESSIONAL SAFETY, ENGINEERING, OR LEGAL CONSULTANT OR A SUBSTITUTE FOR PROFESSIONAL JUDGMENT. ANY RELIANCE ON DATA ENTERED INTO OR GENERATED BY THE PLATFORM IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL DATA.

6.2. WARRANTY DISCLAIMER 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS.” NEKTAR DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

6.3. LIMITATION OF LIABILITY 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEKTAR SHALL HAVE NO DIRECT LIABILITY TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PLATFORM. YOUR SOLE RECOURSE FOR ANY ISSUES RELATED TO THE PLATFORM IS THROUGH THE CUSTOMER UNDER THE TERMS OF THE APPLICABLE MSA OR NEKTAR STANDARD TERMS AND CONDITIONS.

6.4. INDEMNIFICATION 
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEKTAR AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO OR MISUSE OF THE PLATFORM; (II) YOUR VIOLATION OF THESE TERMS OR THE MSA OR THE NEKTAR STANDARD TERMS AND CONDITIONS; OR (III) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHTS.

7. GENERAL PROVISIONS

7.1. Severability 
If any part of these Terms is found to be unenforceable by a court of competent jurisdiction, the rest of the Terms will remain in full force and effect.

7.2. No Waiver 
Any failure by Nektar to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any breach of these Terms is only effective if provided in writing and signed by an authorized representative of Nektar.

7.3. Entire Agreement 
These Terms, together with the applicable MSA or Nektar Standard Terms and Conditions, and the Nektar Privacy Policy, constitute the entire agreement between you and Nektar regarding your use of the Platform. 

7.4. Assignment 
Nektar may assign or transfer its rights and obligations under these Terms in accordance with the assignment provisions set forth in the applicable MSA, or, if no MSA exists, in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of Nektar’s assets. You may not assign or transfer your User Account or any rights under these Terms without Nektar’s prior written consent. Any attempt by you to do so is void.

7.5. Suspension 
Nektar may immediately suspend your access if it reasonably judges that your use violates these Terms, the applicable MSA, Nektar Standard Terms and Conditions, or endangers the security of the Platform. 

7.6. Updates 
Nektar reserves the right to update these Terms at any time. We will notify you of material changes via a notice on the Platform or via email. Your continued use after notification constitutes acceptance of the revised Terms. 

7.7. Governing Law 
These Terms are governed by the laws of the Province of Alberta, Canada, and the courts located in Edmonton, Alberta shall have exclusive jurisdiction.