1. Introduction. Welcome to Nutanix.com and the websites (collectively, the "Sites") operated by Nutanix, Inc. and its affiliated companies ("We", “Us” or "Nutanix"). By accessing or using the Sites or the Content provided on or through the Sites, You agree to follow and be bound by these terms and conditions of a legal agreement between you ("You" or "Your") and Nutanix. (“Terms of Use”).
Through the Sites, you have access to a variety of data, information, and resources from Nutanix. These Terms of Use apply to all Content available on the Sites and to Your interactions with, use of, and contributions to the Sites.
2. Definitions.
2.1. “Materials” include web pages (such as are available at our primary domain https://www.nutanix.com/ (including localized sections under path prefixes for particular countries/regions/languages (e.g., /au, /br, /de, /es, /fr, /it, /jp, /kr, /tw, and /uk to the extent allowed by local laws), at https://www.nutanixbible.com/) and at other Nutanix domains, including the information and data on and/or downloadable from the respective sites and web pages. By way of example, Materials may include advertisements and promotional materials for Nutanix products and services or for partner products and services, blogs, messages, text, images, photographs, graphics, audio and video files such as convention speeches, customer testimonials, interviews, podcasts and webcasts, documents such as press releases, e-books, and white papers, and software code and product information that are not part of the Products.
2.2. “Community Services” include forums, discussion groups, bulletin boards, guest blogs, wikis, and other services in connection with which You or other third-parties can upload, download, share, email, post, comment, publish, transmit, or otherwise access or make available Content (as defined below).
2.3.“Content” is an overarching term that includes Materials, Developer Materials, Community Services, and other data, information, or services available on the Sites, including Your contributions thereto and interactions therewith.
2.4. The term “Products” shall have the meaning defined in the Nutanix License and Services Agreement (“NLSA”).
2.5. Other capitalized terms used have the meanings ascribed to them herein.
3. Terms Applicable to Products.
Possession and use of Products, and associated terms and conditions related thereto, are subject to the NLSA, unless the NLSA has been expressly superseded, replaced, or amended by a mutually-signed written agreement between Nutanix and You or an applicable owner, lessor, or other party (or parties)(an “Other Agreement”). If there is a conflict or inconsistency between these Terms of Use and the NLSA or an applicable Other Agreement, then the NLSA or applicable Other Agreement shall have precedence over these Terms of Use with respect to possession and use of Products.
4. Use of Materials.
Except where expressly provided otherwise by Nutanix, You may download, store, display on Your computer, view, listen to, play and print Materials that Nutanix publishes or broadcasts on the Sites or makes available for download through the Sites subject to the following: (i) the Materials may be used solely for Your personal, informational, noncommercial purposes and may not be used for any other purposes; (ii) You may not create derivative works and the Materials may not be modified or altered in any way; (iii) You may not remove or obscure any confidentiality, proprietary, or other legal notices from the Materials, and (iv) the Materials may not be redistributed.
5. Use of Developer Materials.
Notwithstanding any other provisions in these Terms of Use, You may download, store, display on Your computer, view, listen to, play, and print Materials that Nutanix publishes or broadcasts on the Sites or makes available for download through the Sites that are expressly identified by Nutanix as intended for development use, such as Materials displayed on nutanix.dev (“Developer Materials”). Except as otherwise expressly permitted (or provided) by Nutanix, Your use of the Developer Materials is subject to the following: (i) the Developer Materials may be used internally for development purposes in connection with Your use of Nutanix Products or to enable interoperability with Nutanix Products, and may not be used for any other purposes; (ii) You may not create derivative works of and the Developer Materials may not be modified or altered in any way, and, if in binary form, may not be reverse engineered; (iii) You may not remove or obscure any confidentiality, proprietary, or other legal notices from the Materials, and (iv) the Developer Materials may not be redistributed.
6. Use of Community Services.
6.1 We provide Community Services as a convenience to users, and Nutanix is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Nutanix Products and services, including information from Nutanix employees, they are not an official customer support channel or Product documentation for Nutanix or its Products and should not be relied upon for use with the Products.
6.2 Except where expressly provided otherwise by Nutanix, You may use Community Services subject to the following: (a) Community Services may be used solely for Your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected.
7. Nutanix University Terms.
7.1 Nutanix University Content. Content provided through the Nutanix University website, https://university.nutanix.com/ (“Nutanix University”), may solely be used for educational and training purposes. The Content provided via Nutanix University is Nutanix Confidential Information. These materials may not be transferred, transmitted, published, disseminated or shared with any third party without the express written consent of Nutanix. Sections 4 (“Use of Materials”), 5 (“Use of Developer Materials”), and 6 (“Use of Community Services”) do not apply to Nutanix University Content.
7.2 Nutanix University Accounts. Nutanix University accounts are intended for learning, training, and obtaining certifications for purposes of supporting and enabling Nutanix Customers and Partners use of Nutanix Products. If you create an account with a Nutanix Customer or Partner email address or the Nutanix Customer or Partner purchase courses or trainings for you on their behalf, then the Customer or Partner will retain ultimate administrative control over your account, including having access to course and certification activity, progress, and completion status. If you want your account to be personal to you, then you must notify Nutanix so that your account can be flagged as such.
7.3 Live Events. Live events hosted by Nutanix University are powered by Google Firebase services, including the Firebase Realtime Database service. By using or participating in Nutanix University live events, you agree that Google may monitor your use of the services to ensure quality of the services and to improve Google products and services. See Supplemental Privacy Notice for Google Firebase mobile notifications and live event features.
8. Reservation of Rights and Nutanix Intellectual Property.
8.1 The Sites and Content provided on or through the Sites are the intellectual property and copyrighted works of Nutanix or a third-party provider. All rights, title, and interest not expressly granted in these Terms of Use with respect to the Sites, Content, and Materials are reserved.
8.2 The AI Features (defined below), including all underlying AI technology, models, algorithms, and software, are the proprietary property of Nutanix and its licensors and are protected by applicable intellectual property laws. AI Output ( defined below) may incorporate or be derived from content owned by Nutanix or third parties. No intellectual property rights are transferred to you in or to any AI Output. You shall not use AI Output to develop, train, or improve any competing product or service.
9. Important Legal Notices and Disclaimers for the Sites and Content.
To preserve Nutanix’s rights, acknowledge third-party rights, and provide important information to customers and potential customers, the following set of legal notices and disclaimers (‘Legal Notices”) applies to the Sites and to Content on or downloadable from the Sites. By way of example, these Legal Notices apply to Materials, including advertisements, blogs, ebooks, whitepapers, testimonials, and other promotional materials related to Nutanix Products and to Developer Materials, including source code and instructional blogs or articles for developers. Not all elements of the Legal Notices apply to every situation or piece of Content and should not be interpreted that way.
9.1 Nutanix Trademark Rights. NUTANIX®, the NUTANIX Logo, the Nutanix stylized X logo, the Nutanix stylized Nexus logos, and all Nutanix product and service names are registered trademarks or trademarks of Nutanix, Inc. in the United States and other countries. For a list of Nutanix trademarks and guidelines for their use, please visit https://www.nutanix.com/legal/trademark-usage-guidelines. Nutanix reserves the right to update or modify the list at any time without notice.
9.2 Third-Party Brand and Trademark Disclaimer:
9.2.1 Nutanix is not affiliated with VMware by Broadcom or Broadcom. VMware, the VMware logo, Broadcom, the Broadcom logo, and any Broadcom or VMware product names mentioned are registered or unregistered trademarks of Broadcom in the United States and/or other countries.
9.2.2 Kubernetes and the Kubernetes logo are registered trademarks of The Linux Foundation in the United States and other countries.
9.2.3 All other brands mentioned are for identification purposes only and may be the trademarks of their respective holder(s).
9.3 Links to External Content. Portions of the Content may link to, refer to, or be based on studies, publications, surveys, and other data obtained from third-party sources. While we believe these third-party studies, publications, surveys, and other third-party data are reliable as of the date of their publication in the Content, they have not been independently verified unless specifically stated, and we make no representation as to the adequacy, fairness, accuracy, or completeness of any data or other information obtained from a third-party. Our decision to publish, link to, or reference third-party data or other information should not be considered an endorsement of any such data or information. If you decide to leave our Content and access these third-party studies, publications, surveys, and other data/information, then you do so at your own risk.
9.4 Customer Statements. Customer statements, stories, or other anecdotal reports in Materials and other Content concerning results, benefits, savings, or other outcomes related to their use of Nutanix Products, such as in the customer stories posted at https://www.nutanix.com/company/customers (collectively, “Customer Statements”), depend on a variety of factors, including the customer’s use case, individual requirements, and operating environments. Customer Statements should not be construed as a promise or obligation by Nutanix or its partners to deliver or achieve specific outcomes.
9.5 Express or Implied Forward-Looking Statements. The Content may contain express and implied forward-looking statements, including, but not limited to, statements regarding Nutanix’s plans and expectations relating to future Products, features of Products, technology under development, the capabilities of future Products, features and technology, and our plans to release and offer for sale Products, features, and technology. The Content may also include forward-looking statements concerning partner or other third-party products and services. Such statements are not historical facts and are instead based on our current expectations, estimates, and beliefs. The accuracy of such statements involves risks and uncertainties and depends upon future events, including those that may be beyond our control, and actual results may differ materially and adversely from those anticipated or implied by such statements. Any forward-looking statements included speak only as of the date of publication of the Content and, except as required by law, we assume no obligation to update or otherwise revise any such forward-looking statements to reflect subsequent events or circumstances. Certain Products, features, and functionalities described in the Content are in varying stages of development and will be offered on a when-and-if-available basis. The development, release, and timing of any such Products, features, technologies, or offerings are subject to change and do not constitute a commitment, promise, or legal obligation on the part of Nutanix to deliver them. The forward-looking statements should not be used when making a purchasing or investment decision.
9.6 Code Samples. Code samples, snippets, and methods that may appear in the Content (“Excerpts”) are unofficial and unsupported, and will require significant modification before they can be used in a production environment. Therefore, the Excerpts are provided AS IS and are not guaranteed to be complete, accurate, or current. Nutanix makes no representations or warranties, express or implied, regarding the operation, use, or teachings of the Excerpts, and we explicitly disclaim all other guarantees, warranties, conditions, and representations of any kind, whether they are statutory, legal, commercial, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
9.7 Test Environments. The Content may reflect an experiment in a test environment. Results, benefits, savings, or other outcomes described depend on a variety of factors, including use case, individual requirements, and operating environments, and their inclusion in the Content should not be construed as a promise or obligation to deliver specific outcomes.
9.8 Conflicting Terms. Notices and disclaimers specifically referenced in Nutanix documentation take precedence in case of any conflict with these Legal Notices.
9.9 Legal Notices Point of Contact. Please contact Nutanix’s Legal Department at legal@nutanix.com for any questions regarding these Legal Notices.
10. Your Content and License Grant to Nutanix
10.1 License to Nutanix. If you choose to submit Content to or through the Sites, then You agree that You will only upload, share, post, publish, transmit, provide, or otherwise make available ("Share" or “Sharing”), on or through the Sites, Content that You have the right and authority to Share and for which You have the right and authority to grant to Nutanix all of the licenses and rights set forth herein. You are solely responsible for any Content that you post or Share, including its legality, reliability, accuracy, and appropriateness. By Sharing Content, You grant Nutanix a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, create derivative works of, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Content or derivatives thereof into any Nutanix Product or service, and to display, market, sublicense, and distribute the Content as incorporated or embedded in any Product or service distributed or offered worldwide by Nutanix, and the right to sublicense to other users or third parties, without compensation or attribution to You.
10.2 Your Content Warranties. You warrant that: (a) You have the right and authority to grant this license to Nutanix; (b) Nutanix’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; (c) any Content you submit to the Sites will comply with the Terms of Use; and (d) all so-called moral rights in the Content have been waived to the full extent allowed by law.
10.3 Prohibited Content. You agree that You will not use the Sites in a manner, or Share any Content that: (a) is false or misleading; (b) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (c) violates another's privacy rights or includes, copies or transmits another's confidential, sensitive or personal information; (d) comprises or promotes bigotry, racism, hatred or harm against any group or individual; (e) is obscene, not in good taste, or otherwise objectionable; (f) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights and privacy rights; (g) You do not have the right and authority to Share and grant the necessary rights and licenses for to Nutanix and all other Sites users; (h) violates or promotes the violation of any applicable laws or regulations; (i) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (j) contains any viruses, Trojan horses, malware, tracking, or other components designed to limit or harm the functionality of a computer, storage device, or other system. Nutanix may report You to the relevant authorities and may act under the fullest extent of applicable laws if You transmit or upload data or other information intended or designed to cause harm or otherwise is deemed in violation of these Terms of Use.
10.4 Information Shared Through the Sites. Nutanix does not want to receive confidential information from You through or in connection with the Sites. Notwithstanding anything that You may note or state in connection with Sharing Content, it shall not be considered confidential information and shall be received and treated by Nutanix on a non-confidential and unrestricted basis and Nutanix shall not take and shall not be required to take any steps to safeguard the confidentiality of any information that You Share, other than as specified in Nutanix’s Privacy Statement.
11. Artificial Intelligence Features.
11.1 Scope. This Section governs your access to and use of any feature, tool, or functionality available through the Sites that incorporates, uses, or employs artificial intelligence, machine learning, or similar automated technologies, including virtual assistants, chatbots, and AI-powered recommendation tools (collectively, “AI Features”). This Section supplements, and does not replace, the other provisions of these Terms of Use, which continue to apply to your use of the AI Features.
11.2 AI Disclosure. When you interact with an AI Feature, you are communicating with an automated system, not a human representative of Nutanix. AI Features may use realistic digital avatars, voice synthesis, or other technologies that simulate human interaction, but all responses are generated by AI technology.
For purposes of this Section, the use of descriptive terms such as “assistant” is for convenience only and does not indicate that Nutanix provides professional consulting services or assumes any duty of care in connection with AI-generated responses.
11.3 Nature of AI-Generated Content. Content generated by AI Features (“AI Output”) is provided solely for general informational and educational purposes. AI Output:
11.3.1. Does not constitute and shall not be construed as a business record of Nutanix;
11.3.2. Does not constitute professional, legal, financial, technical, or other advice and should not be relied upon as a substitute for consultation with qualified professionals;
11.3.3. May include information derived from third-party sources that Nutanix has not independently verified;
11.3.4. May differ from information available on the Nutanix website, in Nutanix product documentation, or from Nutanix sales representatives, and in the event of any inconsistency, Nutanix’s official product documentation and written agreements shall control; and
11.3.5. May be similar or identical to content generated for other users, as AI technology may produce the same or similar outputs in response to similar inputs; and
11.3.6. Does not constitute an offer, price quote, or proposal. Pricing, availability, and product specifications referenced in AI Output are subject to change and must be confirmed through official Nutanix channels before any purchase decision.
11.4 No Reliance; Your Responsibilities. You acknowledge and agree that your access and use AI Features and AI Output at your own risk. AI Features may make errors and mistakes, misunderstand prompts, hallucinate answers, and introduce bias. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any AI Output before relying on, using, or distributing it. If you have questions about any AI Output, you may contact a Nutanix sales representative or customer support team for human assistance at [contact information].
11.5 Privacy and Data Processing. When you use AI Features, certain information — including the content of your queries or input (including any voice data or transcripts), AI Output, session metadata, and device information — may be collected and processed by Nutanix and its third-party service providers in accordance with the Nutanix Privacy Statement (https://www.nutanix.com/legal/privacy-statement).
11.6 Do not submit sensitive personal information, confidential business information, or trade secrets through the AI Features. Nutanix may use your AI-related usage data for the purposes of providing and troubleshooting the AI Features. Nutanix may use aggregated and de-identified interaction and usage data to improve and optimize the AI Features and the Sites. Nutanix does not permit its AI service providers to use your individual interaction data to train or improve their own general-purpose AI models.
11.7 Prohibited Uses. In addition to the restrictions set forth elsewhere in these Terms of Use including Section 11 below, you shall not:
11.7.1. Represent or imply that a human created AI Output or constitutes an official statement of Nutanix;
11.7.2. Attempt to circumvent, disable, or interfere with any safety features, filters, or limitations of the AI Features;
11.7.3. Submit prompts or inputs designed to cause the AI Features to generate harmful, deceptive, discriminatory, defamatory, or infringing content;
11.7.4. Use AI Output in any manner that infringes or misappropriates the intellectual property rights of any third party;
11.7.5. Use AI Output as a substantial factor in making consequential decisions, as such term is defined under applicable law, in any way that would qualify the AI Features as high-risk (or similar term) under applicable law; or
11.7.6. Extract, scrape, or harvest AI Output for purposes of building, benchmarking, or training another AI system, product, or service.
12. Acceptable Use
12.1 Conduct Restrictions. You agree not to:
12.1.1. Use the Sites or Content to infringe Nutanix’s intellectual property rights or the intellectual property rights of any third party.
12.1.2. Remove, deface, or overprint any notice of copyright, trademark, logo, or other notice of ownership from any originals or copies of Nutanix software, third-party software, or any products or Content You access on or through the Sites.
12.1.3. Access or use the Sites in any manner that could damage, disable, overburden, or impair the Sites or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
12.1.4. Attempt to gain unauthorized access to any parts of the Sites or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
12.1.5. Interfere or attempt to interfere with the proper working of the Sites or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party;
12.1.6. Use any robot, spider, scraper, or other automated means to access the Sites or any accounts, computer systems, software, infrastructure, or networks of Nutanix or any third party without Nutanix’s express written permission and that of any affected third party;
12.1.7. Use the Sites, Content, or Products to infringe the intellectual property rights or privacy rights of others;
12.1.8. Access or use the Sites in any manner that interferes with another user’s ability to access, use, and enjoy the Sites;
12.1.9.Access another user’s registration information or user account without that user’s express written permission;
12.1.10. Transmit or introduce any malicious or technologically harmful element to the Sites, such as a spyware program, virus, Trojan horse, worm, or logic bomb;
12.1.11. Perform, without Nutanix’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration, or vulnerability testing of the Sites, including, without limitation, the Community Services; and,
12.1.12. Engage in any activities that result in any Nutanix-managed server being the target of a denial of service attack.
12.2 Password and Account Requirements. If any of the Sites or Content require You to open an account or otherwise allow You to take steps to obtain additional access or opportunity, then You must complete the registration process by providing Us with current, complete, and accurate information as required by the applicable registration form. You may also be required to choose a username and password. Access to and use of password-protected or secure areas of the Sites, Materials, or Community Services are restricted to authorized users only. Nutanix reserves all right, in its sole discretion, to grant You this authorized access. You agree not to share Your password(s), account information, or access with any other person. You are responsible for maintaining the confidentiality of password(s) and account information, and You are responsible for all activities that occur through the use of Your password(s) or account(s) or as a result of Your access to the Sites, Materials, or Community Services. You agree to keep all information You provide to Us for such registration up to date and to notify Nutanix immediately of any unauthorized use of Your password(s) or account(s), breach of security, or other activity that is not authorized by these Terms of Use.
12.3 No Unlawful or Prohibited Use. You agree not to use the Sites, AI Features, AI Content, or Content provided on or through the Sites, for any purpose that is unlawful or prohibited by these Terms of Use or the rules, guidelines, or terms of use posted for a specific area of the Sites or Content provided on or through the Sites.
13. Indemnity.
To the extent permitted by law, You agree to indemnify and hold harmless Nutanix, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Your use of the Content, Content that You Share, Your violation of these Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Sites or Content provided on or through the Sites, or Your violation or infringement of any third party rights, including intellectual property rights.
14. Monitoring.
Nutanix has no obligation to monitor the Sites or the Content. In its sole discretion, Nutanix reserves the right to review the Sites and Content, to monitor all use of and activity on the Sites and the Content, and to remove or choose not to make available on or through the Sites any Content.
15. Termination of Use.
The Sites and Content are provided on an "As Is" and "As Available" basis. Nutanix may, in its sole discretion, at any time:
15.1 Remove any Content you Share on or through the Sites;
15.2 Discontinue providing or limit access to the Sites, any areas of the Sites, or Content provided on or through the Sites; and,
15.3 Terminate or limit Your access to, or use of, the Sites or any Content.
15.4 Nutanix shall not be liable to You or any third-party for any termination of rights under these Terms of Use, limitation of Your access to, or use of, the Sites or any Content, including Content that You may have Shared, or if, for any reason, all or part of any of the Sites or Content is unavailable at any time.
16. Third Party Websites, Content, Products, and Services.
The Sites include links to websites and access to the Content, products, and services of third parties, including users, partners, advertisers, affiliates, and sponsors of the Sites. Nutanix is not responsible for third-party Content provided on or through the Sites or for any changes or updates to such third-party sites, and You bear all risks associated with access to and use of such websites, third-party Content, products, and services.
17. Disclaimer and Limitation of Liability
17.1. Disclaimer. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE AI FEATURES AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NUTANIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, AI OUTPUT, AI FEATURES, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. NUTANIX MAKES NO WARRANTY THAT: (A) THE SITE, AI OUTPUT, AI FEATURES, OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR AI FEATURES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE AI OUTPUT OR CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY AI OUTPUT OR CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT THE AI FEATURES AND AI OUTPUT MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES THAT CANNOT BE PREDICTED OR PREVENTED.
17.2. Limitation of Liability. IN NO EVENT SHALL NUTANIX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES, INCLUDING FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR RELIANCE ON THE AI FEATURES OR ANY AI OUTPUT, FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE. IN NO EVENT SHALL NUTANIX’S AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO THE AI FEATURES AND AI OUTPUT EXCEED $500.00
17.3. Exclusions and Limitations. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
18. Privacy Statement. Any personal data collected on the Sites will be processed in accordance with Nutanix’s Privacy Statement, which is hereby incorporated by reference.
19. Export Restrictions and Legal Compliance. You shall comply with all applicable laws and regulations, including but not limited to those relating to anti-corruption or anti-bribery, e.g., the U.S. Foreign Corrupt Practices Act, as amended, the U.K. Bribery Act, and legislation implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. You shall not give anything of value to another person in order to improperly obtain or retain business, influence a decision, or gain an advantage. Your Content is provided in accordance with and subject to the export control laws and regulations of the United States, including, without limitation, the Export Administration Regulations, International Traffic in Arms Regulations, and applicable laws and regulations of other countries. You shall comply with all export control laws and regulations applicable to Your use, transfer, or export of the Sites and Content. You certify that You are not subject to sanctions or otherwise restricted from making or receiving U.S. exports. Nutanix may suspend its performance under these Terms of Use if performance would violate sanctions or export restrictions imposed by any applicable government entity.
20. Applicable Laws. Except where expressly provided otherwise by Nutanix, all matters relating to Your access to, and use of, the Sites and Content provided on or through or uploaded to the Sites shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to Your access to, or use of, the Sites or Content shall be instituted in a state or federal court in Santa Clara County, California. You and Nutanix agree to submit to the jurisdiction of, and agree that the venue is proper in these courts in any such legal action or proceeding.
21. Miscellaneous
21.1. Changes to the Terms of Use. Nutanix may revise the Terms of Use at any time without notice to You. The revised Terms of Use will be effective when posted. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. If you do not agree to these Terms of Use or the Privacy Statement, you must exit the Sites. You can review the most current Terms of Use at https://www.nutanix.com/legal/terms-of-use.
21.2. Assignment. Nutanix may assign or delegate these Terms of Use and/or the Nutanix Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section 5 ("Your Content and License Grant to Nutanix"). You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Statement without Nutanix's prior written consent, and any unauthorized assignment and delegation by You is void.
21.3. Entire Agreement. These Terms of Use may only be modified by a written amendment signed by an authorized representative of Nutanix, or by the posting by Nutanix of a revised version in accordance with Section 15.1 ("Changes to the Terms of Use"). These Terms of Use, together with the Nutanix Privacy Statement, represent the complete and exclusive statement of the agreement between You and Us. These Terms of Use supersede any proposal or prior agreement, oral or written, and any other communications between You and Nutanix relating to the Sites and the Content.
21.4. Waiver and Severability. The failure of Nutanix to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such right or provision. If any part or provision of these Terms of Use is found to be unenforceable, such part or provision may be modified to make the Terms of Use as modified legal and enforceable. The balance of the Terms of Use shall not be affected.
21.5. Persons Not of the Age of Majority. Persons who are not of the age of majority are not eligible to use the Sites or access the Content, and we ask that no information in relation to such persons be submitted to us.
22. Copyright/DMCA.
22.1. Copyright Infringement Notice. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the rights of the copyright owner.
22.2. How to Report a Possible Claim of Infringement: If You have a good faith belief that Your copyrighted work has been copied on the Sites or elsewhere in our networks or other repositories in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide a written notice to Nutanix's Designated Agent with the following information:
22.2.1. Identification or description of the copyrighted work or other intellectual property You claim has been infringed. If You are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent).
22.2.2. Identification or description of where the material You claim is infringing is on the Sites or elsewhere, with enough detail for Nutanix to identify the material.
22.2.3. Your name, address, telephone number, email address, and who you represent.
22.2.4. A statement by You that You have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
22.2.5. A statement by You, made under penalty of perjury, that the information in Your written notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
22.2.6. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest allegedly infringed.
22.2.7. The address of our Designated Agent for claims of copyright or other intellectual property infringement is:
22.2.8. Legal Department
Attention: DMCA/IP Agent
Nutanix, Inc.
1740 Technology Drive
San Jose, California 95110
22.2.9. Our Designated Agent may also be contacted by email to: DMCA@nutanix.com
23. Contact Information. If You have any questions regarding these Terms of Use, please contact Nutanix at legal@nutanix.com. If You have any other questions, contact information is available at the Nutanix Contact Page on the Sites.
Effective Date: June 1, 2026
Copyright © 2026, Nutanix and/or its affiliates.