The agreement states that each Order Form is non-cancelable and that all fees paid to NVIDIA are non-refundable. This applies to direct purchases from NVIDIA, with fees payable upon invoice in U.S. dollars.
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 requires enterprise customers to commit to the full financial obligation of each Order Form with no contractual mechanism for cancellation or fee recovery. Procurement and finance teams should evaluate multi-year subscription commitments under this structure before execution.
Under this clause, fees paid for NVIDIA Software Offerings through direct Order Forms are non-refundable and the Order Form cannot be cancelled, meaning the full contracted amount remains payable regardless of changes in business requirements after execution.
Cross-platform context
See how other platforms handle Non-Cancelable, Non-Refundable Order Forms and similar clauses.
Compare across platforms →"Each Order Form placed by Customer through an Order Form is a separate transaction of the parties under the Agreement. The provisions in Sections 7.2 apply only to direct purchases from NVIDIA. Fees for Software Offerings are set forth in the associated Order Form and are payable pursuant to the terms of such Order Form. Unless otherwise expressly indicated in an Order Form, fees will be invoiced upon Customer's purchase, are payable upon invoice and are expressed in U.S. Dollars. Each Order Form placed is non-cancelable and fees received are non-refundable.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: This provision may engage the FTC Act in the context of unfair or deceptive commercial practices if applied to smaller enterprise customers without adequate pre-sale disclosure.
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This provision requires enterprise customers to commit to the full financial obligation of each Order Form with no contractual mechanism for cancellation or fee recovery. Procurement and finance teams should evaluate multi-year subscription commitments under this structure before execution.
Under this clause, fees paid for NVIDIA Software Offerings through direct Order Forms are non-refundable and the Order Form cannot be cancelled, meaning the full contracted amount remains payable regardless of changes in business requirements after execution.
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