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The agreement requires that all use of NVIDIA Software Offerings be consistent with NVIDIA's Trustworthy AI terms, which are incorporated by reference from an external URL.
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 incorporates NVIDIA's Trustworthy AI terms as a binding condition of use for all Software Offerings, creating a compliance dependency on an external document that may be updated independently of the main agreement.
Interpretive note: The specific content of the Trustworthy AI terms is not reproduced in the agreement text; the full scope of the compliance obligation depends on the content of the externally referenced document, which may be updated independently.
Creates binding obligation to comply with NVIDIA's separate trustworthy AI terms, adding requirements not fully specified in the main agreement.
View full change record →Under this clause, enterprise customers must ensure their use of NVIDIA Software Offerings complies with NVIDIA's Trustworthy AI terms, which are defined in a separate document accessible at the referenced URL and constitute a binding condition of the Agreement.
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"Use of the Software Offerings under the Agreement must be consistent with NVIDIA's Trustworthy AI terms at /content/nvidiaGDC/zz/en_ZZ/agreements/trustworthy-ai/terms/.Excerpt from NVIDIA NIM's Terms of Use
1) REGULATORY LANDSCAPE: This provision engages the EU AI Act, which establishes obligations for providers and deployers of AI systems including conformity assessments, transparency requirements, and prohibited use restrictions. NVIDIA's Trustworthy AI terms may overlap with or supplement EU AI Act obligations depending on the specific provisions they contain. The provision may also engage OECD AI Principles and sector-specific AI governance frameworks in regulated industries such as healthcare and financial services. 2) GOVERNANCE EXPOSURE: Medium. The Trustworthy AI terms are incorporated by external reference and may be updated independently of the main agreement. Enterprise customers are responsible for monitoring and complying with those terms as a condition of their software license, creating an ongoing compliance dependency on an external document. 3) JURISDICTION FLAGS: EU-based customers deploying AI systems subject to the EU AI Act face heightened exposure, as the Trustworthy AI terms may interact with or supplement mandatory regulatory obligations. Customers in regulated sectors including healthcare, financial services, and critical infrastructure should assess whether the Trustworthy AI terms address sector-specific AI governance requirements applicable in their jurisdiction. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and compliance teams should review the Trustworthy AI terms at the referenced URL as part of vendor due diligence, and assess whether those terms impose additional operational restrictions or disclosure requirements beyond the main agreement. As an externally referenced document, the Trustworthy AI terms may be updated without the same notification mechanism as the main agreement. 5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should document the version of the Trustworthy AI terms in effect at the time of contract execution, establish a monitoring process for updates to those terms, and assess whether their AI deployment use cases comply with the specific requirements contained in those terms. For EU customers, a gap analysis between the Trustworthy AI terms and EU AI Act obligations may be warranted.
This provision incorporates NVIDIA's Trustworthy AI terms as a binding condition of use for all Software Offerings, creating a compliance dependency on an external document that may be updated independently of the main agreement.
Under this clause, enterprise customers must ensure their use of NVIDIA Software Offerings complies with NVIDIA's Trustworthy AI terms, which are defined in a separate document accessible at the referenced URL and constitute a binding condition of the Agreement.
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