Terms of Service

Effective date: October 26, 2026
Operator: nudgIQ Inc., doing business as Tier3 Labs (“Tier3 Labs”, “we”, “us”, “our”).

These Terms of Service (“Terms”) govern your access to and use of the website at tierthree.ai, its subdomains, and any contact forms, documentation or other content we make available through it (together, the “Site”). By using the Site you agree to these Terms. If you do not agree, do not use the Site.

Our reinforcement-learning environments, evaluation sets, graders, tooling and related services (the “Services”) are provided only under a separately executed agreement, such as a master services agreement, order form or environment license (a “Signed Agreement”). Sample tasks, documentation and other materials we send during a sales or evaluation process are governed by our Evaluation Terms. If a Signed Agreement or the Evaluation Terms conflicts with these Terms, that document controls for its subject matter.

1. Who may use the Site

The Site is intended for businesses, research organizations and the people who act on their behalf. By using the Site you represent that you are at least 18 years old and, where you act for an organization, that you have authority to bind it to these Terms. We do not knowingly collect information from children.

2. Permitted use

We grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and view its content to learn about Tier3 Labs, to evaluate whether to work with us, and to contact us. You may not:

• copy, scrape, crawl, mirror or systematically extract Site content, by hand or with automated tools, except as a search engine indexes public pages in accordance with our robots directives;
• use Site content, including descriptions of our task families, grading methodology and scoring, to build, train or evaluate a competing product or service;
• probe, scan or test the vulnerability of the Site, bypass any rate limit, spam protection or access control, or interfere with the Site’s operation;
• submit false, misleading or impersonating information through our forms, or submit information you do not have the right to share;
• use the Site in any way that violates applicable law, including export control, sanctions and anti-spam law; or
• remove or alter any copyright, trademark or other proprietary notice.

We may suspend or terminate your access to the Site at any time if we believe you have breached these Terms.

3. Inquiries

Submitting a contact form, requesting a call, or exchanging email with us does not create a contract, an obligation to supply the Services, or a confidential relationship beyond what is described in section 6. We may decline any inquiry. Our response times stated on the Site are targets, not commitments.

Information you provide about yourself is handled as described in our Privacy Policy. Do not submit personal information about third parties, customer data, or your own trade secrets through the contact form; if we need to exchange confidential information we will put a non-disclosure agreement in place first.

4. Intellectual property

The Site and everything on it, including text, design, graphics, logos, page layouts, the structure and wording of our task families, tiers, grading methodology and scoring formulas, and the underlying code, are owned by nudgIQ Inc. or its licensors and are protected by copyright, trademark and other laws. Except for the limited license in section 2, no rights are granted to you by implication or otherwise.

The Services, including every environment, world, seed, fault script, task, check, rubric, reference solution, grader, harness, trajectory format, difficulty manifest and accompanying documentation, are our proprietary work product. They are licensed, never sold, and only under a Signed Agreement or the Evaluation Terms. Nothing on the Site grants a license to any part of the Services.

“Tier3 Labs”, the stepped-T mark and our other product names are trademarks of nudgIQ Inc.. You may not use them without our prior written permission, except to refer to us accurately in a factual way.

5. Third-party and open-source components

Our environments run on third-party open-source software that remains under its own license. We do not claim ownership of that software, we retain its license and attribution notices, and we pass it on unmodified. Product names that appear in our materials belong to their respective owners, and their appearance does not imply any affiliation with or endorsement by them. The Site may link to third-party sites; we are not responsible for their content or practices.

6. Confidentiality of inquiries

We treat information you submit about your organization, your use case and your evaluation plans as confidential business information. We use it only to evaluate and respond to your inquiry and to prepare a proposal, we share it only with the service providers named in our Privacy Policy and with advisers bound by confidentiality, and we do not disclose that you have contacted us without your consent. This section does not replace a non-disclosure agreement and does not cover information that is public, that we already knew, or that we receive independently.

7. Feedback

If you send us suggestions, comments or other feedback about the Site or the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation to you. We will not identify you as the source without your permission.

8. Disclaimers

The Site is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, error-free or secure, or that its content is complete, accurate or current. Descriptions of the Services on the Site are summaries; the capabilities, deliverables, acceptance criteria and warranties that apply to any engagement are those stated in the applicable Signed Agreement.

9. Limitation of liability

To the fullest extent permitted by law, nudgIQ Inc. and its officers, directors, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to the Site or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages. Our total liability arising out of or relating to the Site or these Terms will not exceed one hundred US dollars (US$100). Liability relating to the Services is governed exclusively by the applicable Signed Agreement or the Evaluation Terms.

Some jurisdictions do not allow certain disclaimers or limitations; in those jurisdictions the above applies to the maximum extent permitted.

10. Indemnification

You will defend, indemnify and hold harmless nudgIQ Inc. and its officers, directors, employees and agents from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Site, or information you submit through the Site.

11. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute arising out of or relating to the Site or these Terms will be brought exclusively in the state or federal courts located in Delaware, and you consent to their personal jurisdiction and venue. Before filing any claim, you agree to give us written notice describing the dispute and to negotiate in good faith for at least thirty days. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12. Export control and sanctions

You may not use the Site, and we will not supply the Services, in violation of United States export control or economic sanctions laws, including to or for the benefit of any person or entity on a US government restricted-party list or located in a comprehensively sanctioned jurisdiction.

13. Changes to the Site and these Terms

We may change or discontinue any part of the Site at any time. We may update these Terms by posting a revised version with a new effective date; material changes will be noted on this page. Your continued use of the Site after a revision takes effect means you accept the revised Terms.

14. General

These Terms, together with our Privacy Policy and, where applicable, the Evaluation Terms, are the entire agreement between you and us regarding the Site, and supersede any prior understanding about it. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Sections 4 through 12 and 14 survive any termination. Notices to us must be sent to the address below and are effective on receipt.

Contact

nudgIQ Inc., doing business as Tier3 Labs