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The agreement requires customers, upon NVIDIA's email request (no more than monthly), to disclose which Software is in use, by how many Customer Personnel and Customer End Users, the applicable start and end dates, and any additional information NVIDIA deems reasonably necessary to calculate fees.
This analysis describes what NVIDIA NIM's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes an ongoing, externally triggered reporting obligation that requires customers to disclose internal software usage data, including information about their personnel and end users, to NVIDIA. The scope of the phrase 'any other reasonably required information' introduces interpretive ambiguity regarding the breadth of disclosures NVIDIA may request.
Interpretive note: The phrase 'any other reasonably required information' is open-ended, and the scope of permissible additional disclosure is not defined in the document, creating interpretive uncertainty about the outer limits of this obligation.
Under this clause, enterprise customers are required to provide NVIDIA with software usage data including the identity of covered Software in use, user counts, and date ranges upon email request, which may implicate internal data governance policies and data processing obligations under applicable privacy law.
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"Customer must report upon NVIDIA's email request, no more than monthly, the Software in use by Customer Personnel and Customer End Users Customer enabled, quantity, start and end dates, and any other reasonably required information for NVIDIA to determine the fees due.Excerpt from NVIDIA NIM's NVIDIA AI Foundation Models AUP
(1) REGULATORY LANDSCAPE: To the extent that 'Customer Personnel' and 'Customer End Users' constitute identifiable data subjects, this reporting obligation may engage GDPR Article 28 data processing agreement requirements for EU/EEA customers, as well as CCPA disclosure obligations for California-based enterprises. Legal teams should evaluate whether NVIDIA functions as a data processor under this arrangement and whether a formal data processing agreement is in place. (2) GOVERNANCE EXPOSURE: Medium. The obligation to report 'any other reasonably required information for NVIDIA to determine the fees due' is open-ended and may require disclosure beyond headcount and date ranges. The lack of a defined list of permissible additional data categories introduces uncertainty about the scope of this obligation and creates potential for dispute regarding what is 'reasonably required.' (3) JURISDICTION FLAGS: EU/EEA customers face the highest exposure, as any transfer of personnel or end user data to NVIDIA in connection with this reporting obligation may require a lawful transfer mechanism under GDPR Chapter V. California customers should evaluate CCPA compliance for any business-to-business data sharing this obligation triggers. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm whether existing NVIDIA contracts include a data processing agreement that covers this reporting data flow. The clause does not specify a format, secure transmission requirement, or retention limitation for reported data, which may warrant negotiation or supplemental agreement in enterprise procurement contexts. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should establish an internal process for responding to NVIDIA's email requests, including designating a responsible team, defining the scope of disclosable data, and ensuring that any data shared does not exceed what is required under applicable privacy law. Software asset management systems should be configured to produce the required reporting data accurately.
This provision establishes an ongoing, externally triggered reporting obligation that requires customers to disclose internal software usage data, including information about their personnel and end users, to NVIDIA. The scope of the phrase 'any other reasonably required information' introduces interpretive ambiguity regarding the breadth of disclosures NVIDIA may request.
Under this clause, enterprise customers are required to provide NVIDIA with software usage data including the identity of covered Software in use, user counts, and date ranges upon email request, which may implicate internal data governance policies and data processing obligations under applicable privacy law.
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