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Plain-English summary
The service agreement for GeForce NOW contains several significant user concerns. There are strict limitations on your legal rights, including mandatory arbitration for disputes and waivers of class action lawsuits and jury trials (risk_flags-1, risk_flags-2). NVIDIA's liability is also severely limited (risk_flags-3). The service collects various data, including system and session information, for configuration, optimization, content delivery, advertising, and service improvement (data_use-1, data_use-2, data_use-3, data_use-4, data_use-5). NVIDIA can terminate your service at its discretion for non-payment or suspected non-compliance (cancellation_renewal-1). Furthermore, NVIDIA disclaims all warranties, providing the service "AS IS" and "AS AVAILABLE" (gotchas-1), and can change terms unilaterally without direct notice (gotchas-2). The company is also not responsible for transactions or content involving its Alliance Partners or other third parties (gotchas-3, gotchas-5), and does not guarantee uninterrupted service or content availability (gotchas-4).
89% confidence
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Follow up on findings with grounded answers from this review. Not legal advice.
Risks to You
2 findings
These are the most critical policy elements that may pose a direct and material risk to you. They often involve one-sided clauses, waivers of your rights, or significant limitations on the provider's responsibilities. You should pay close attention to these. (0-3 findings expected)
high95% confidence
Mandatory Arbitration for Disputes
Any disputes not resolved informally or in small claims court must be resolved through binding arbitration, meaning you waive your right to a trial in court for most claims.
Why it matters: You waive your right to a trial in court for most claims, which can limit your legal recourse. All issues are for the arbitrator to decide, including jurisdictional and arbitrability issues and the formation, existence, validity, interpretation, and scope of this arbitration provision.
For any Disputes that are not resolved informally or by the small claims court, you and NVIDIA each agree to resolve any such Dispute by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services ("JAMS") (rules available at https://www.jamsadr.com /).
NVIDIA and its affiliates are not liable for special, incidental, punitive, or consequential damages, lost profits, loss of use, loss of data, or goodwill. Their total cumulative liability is limited to the amounts paid for GFN use during the three months prior to the event giving rise to the liability.
Why it matters: Your ability to recover damages from NVIDIA is significantly limited, potentially leaving you responsible for substantial losses.
IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS EXCEED THE AMOUNTS PAID FOR GFN USE DURING THE THREE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
Terms of Use, paragraph 45 · Citation strength: strong
Data Use and Sharing
2 findings
These clauses describe how your data is collected, processed, and shared. Pay attention to what information is collected, why it's collected, and who it might be shared with, as this can bear on your privacy. (2-4 findings expected)
medium90% confidence
Collection of System and Session Data
NVIDIA will process system data, such as software version numbers, geographical region, internet speed, games played, session data, and system information (CPU, GPU, device serial number, system memory), to improve performance, quality, and update software.
Why it matters: A wide range of your system and usage data will be collected, which could be used to track your activity and device specifics.
To improve the performance and quality at which GFN streams games to your machine and to run and update software and materials on your device, NVIDIA will need to process system data such as software version numbers, geographical region, internet speed, games played, session data and system information such as CPU, GPU, device serial number and system memory.
Terms of Use, paragraph 37 · Citation strength: strong
medium90% confidence
NVIDIA May Share Usage and Quality Data with GFN Alliance Partners
If your GFN service is provided by a GFN Alliance Partner, NVIDIA may share your usage and quality data with the GFN Alliance Partners.
Why it matters: Your usage and quality data may be shared with GFN Alliance Partners, which could increase the number of entities that have access to your data.
If your GFN service is provided by a GFN Alliance Partner, NVIDIA may share your usage and quality data with the GFN Alliance Partners so they can better service you.
Terms of Use, paragraph 39 · Citation strength: strong
Cancellation and Renewal
1 finding
These clauses outline the conditions under which the service can be terminated or renewed. Automatic renewals, complex cancellation procedures, or penalties for early termination can be relevant. (1-2 findings expected)
medium95% confidence
Service Termination at NVIDIA's Discretion
NVIDIA may suspend or terminate your right to use GFN, or content on GFN, at its discretion, including for non-payment or suspected non-compliance with terms, rights of others, or applicable laws.
Why it matters: Your access to the service or content can be unilaterally terminated by NVIDIA, potentially without a refund, if they determine you have violated the terms or for other reasons at their discretion.
NVIDIA may suspend or terminate your right to use GFN, or content on GFN, at its discretion, including (but not limited to) non-payment of applicable fees or if NVIDIA reasonably suspects or determines that a use does not comply with these terms, the rights of others, or applicable laws and regulations.
Terms of Use, paragraph 32 · Citation strength: strong
Other Gotchas
5 findings
These are other policy elements that may contain unfavorable conditions or practices for users. They might be less critical than 'Risk Flags' but are still important to be aware of. (3-5 findings expected)
high95% confidence
Disclaimers of All Warranties
NVIDIA provides GFN "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS," and expressly disclaims all warranties of any kind, including merchantability, fitness for a particular purpose, title, and non-infringement.
Why it matters: You receive no guarantees about the service's quality, reliability, or suitability for any purpose, meaning you bear all risks associated with its use.
GFN IS PROVIDED BY NVIDIA “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE.
Terms of Use, paragraph 43 · Citation strength: strong
medium90% confidence
Unilateral Changes to Terms Without Direct Notice
NVIDIA may change the terms from time to time by publishing new terms, and your continued use of GFN after publication constitutes agreement to the updated terms.
Why it matters: NVIDIA can change the terms of service at any time by simply publishing them, and your continued use means you agree to them, potentially without explicit notification.
NVIDIA may make changes to these terms from time to time. NVIDIA will publish the new terms at https://www.nvidia.com/en-us/geforce-now/terms-of-use/ . The updated terms will be effective when published. Please review the terms of use on a regular basis. You understand and agree that your express acceptance of the updated terms or use of GFN after the date of publication shall constitute your agreement to the updated terms of use. If you do not agree with the updated terms, you must terminate your use of GFN.
NVIDIA Not Responsible for Alliance Partner Transactions
All transactions with a GFN Alliance Partner are solely between you and that partner. NVIDIA expressly disclaims any liability for such transactions, and your sole remedy is through the Alliance Partner.
Why it matters: If you have issues with transactions involving GFN Alliance Partners, NVIDIA is not responsible, and you must resolve the issue directly with the Alliance Partner.
All transactions with a GFN Alliance Partner are solely between you and the GFN Alliance Partner. NVIDIA expressly disclaims any liability for any such transactions, and you agree that your sole remedy regarding such transactions (including GFN charges and bank-related charges) is from or through the GFN Alliance Partner.
Terms of Use, paragraph 6 · Citation strength: strong
medium90% confidence
Service and Content Availability Not Guaranteed
NVIDIA does not warrant that access to GFN will be uninterrupted, that it will meet your requirements, be available at any particular time or location, that defects will be corrected, or that any certain content will be available.
Why it matters: You are not guaranteed continuous access to the service, specific content, or bug fixes, which could lead to disruptions or unavailability of features you rely on.
WITHOUT LIMITING THE FOREGOING, NVIDIA DOES NOT WARRANT THAT ACCESS TO GFN WILL BE UNINTERRUPTED; THAT GFN WILL MEET YOUR REQUIREMENTS; THAT GFN WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT ANY CERTAIN CONTENT WILL BE AVAILABLE; OR THAT GFN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Terms of Use, paragraph 43 · Citation strength: strong
medium90% confidence
No Responsibility for Third-Party Content or Advertising
NVIDIA does not endorse or assume responsibility for content, information, products, or services from other parties or for third-party advertisements, and interactions with advertisers are at your own risk.
Why it matters: NVIDIA is not liable for issues arising from third-party content or advertisements, meaning you are solely responsible for risks associated with those interactions.
Depending on your membership plan, you will experience third-party advertisements while using GFN. NVIDIA neither endorses nor sponsors any products or services advertised and assumes no responsibility for the offerings of advertisers. Your interactions with advertisers are entirely optional and at your own risk. You acknowledge that NVIDIA is not responsible for any damages that may occur as a result of such interactions.
Terms of Use, paragraph 46 · Citation strength: strong
Protections for You
1 finding
These clauses highlight commitments and features that are beneficial to users. These may include data minimization, clear opt-out options, strong data security, or transparent practices around content and service modifications. (1-2 findings expected)
Protection95% confidence
Option to Opt-Out of Jury Trial, Class Action, and Arbitration
You have the right to opt-out of the jury trial, class action, arbitration, and collective or consolidated proceeding waiver within 30 days of using GFN, the agreement's effective date, or any future change to this section.
Why it helps: You have a window to preserve your right to a jury trial and participation in class actions, offering a way to avoid mandatory arbitration for disputes.
You may opt-out of the foregoing jury trial, class action, arbitration, and collective or consolidated proceeding waiver provision by notifying NVIDIA in writing within 30 days of commencement of use of GFN, within 30 days of the effective date of this Agreement, or within 30 days of any future change NVIDIA may make to this Section 14.4.