Terms of Service
Last updated: January 22, 2025
1. Acceptance of Terms
By accessing or using Nudgely ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.
2. Description of Service
Nudgely provides a team alignment platform that delivers smart nudges and reminders to help teams stay productive and aligned. The Service includes web-based applications, mobile applications, and related services that we may offer from time to time.
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
3.2 Account Eligibility
You must be at least 18 years old to create an account. By creating an account, you represent that you meet this age requirement and have the authority to enter into these Terms.
4. Acceptable Use
You agree not to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Transmit harmful code, viruses, or malware
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Service
- Use the Service for any illegal or unauthorized purpose
- Harass, abuse, or harm other users
- Scrape, crawl, or use automated means to access the Service
- Reverse engineer or attempt to extract source code
5. Subscription and Payment
5.1 Pricing
We offer various subscription plans with different features and pricing. Prices are subject to change with notice. Any price changes will not affect your current subscription period.
5.2 Billing
Subscriptions are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees. If payment fails, we may suspend or terminate your access to the Service.
5.3 Refunds
Refunds are provided at our discretion. Generally, we offer a 30-day money-back guarantee for new subscriptions. Contact us at mark@nudgelyapp.com to request a refund.
5.4 Cancellation
You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. You will retain access to paid features until that time.
6. Intellectual Property
6.1 Our Rights
The Service and all content, features, and functionality are owned by Nudgely and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express permission.
6.2 Your Content
You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your content to provide and improve the Service.
7. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy. We collect, use, and protect your information as described in our Privacy Policy. By using the Service, you consent to our data practices.
8. Disclaimers and Limitations of Liability
8.1 Service Availability
The Service is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the Service will be uninterrupted, secure, or error-free.
8.2 Limitation of Liability
To the maximum extent permitted by law, Nudgely shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
9. Indemnification
You agree to indemnify and hold harmless Nudgely and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.
10. Termination
We may suspend or terminate your account and access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service will immediately cease, and we may delete your account and data.
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Nudgely operates, without regard to conflict of law principles.
11.2 Arbitration
Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.
12. General Provisions
12.1 Entire Agreement
These Terms constitute the entire agreement between you and Nudgely regarding the Service and supersede all prior agreements.
12.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
12.3 Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
12.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
13. Contact Information
If you have any questions about these Terms, please contact us at:
Nudgely
Email: mark@nudgelyapp.com