Terms of Service
Welcome to Nimbify! These Terms of Service govern your use of our services and website. By accessing or using our services, you agree to abide by and be bound by these terms. If you do not agree with any part of these terms, you may not use our services.
1. Acceptance of Terms
By creating an account, using our services, or accessing our website, you confirm that you have read, understood, and agree to be bound by these Terms of Service. You must comply with all applicable laws and regulations when using our services.
2. Changes to Terms
Nimbify reserves the right to modify these terms at any time. We will notify you of any changes by posting the new terms on our website. It is your responsibility to review these Terms of Service periodically for updates. Your continued use of our services after the posting of changes constitutes your acceptance of those changes.
3. Eligibility
You must be at least 18 years old to use our services. By using our services, you represent and warrant that you are of legal age to form a binding contract and meet all the eligibility requirements outlined in these terms.
4. Account Registration
To access certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.
5. Subscription and Payment
Nimbify offers subscription plans for our services. By selecting a subscription plan, you agree to pay all applicable fees and charges associated with your subscription. Payment will be charged to your designated payment method at the beginning of your subscription period. All fees are non-refundable unless stated otherwise in these terms.
5.1 Free Trials
We may offer free trial subscriptions to allow you to evaluate our services. The terms of free trials will be clearly presented. After the trial period, you will be charged unless you cancel your subscription before the end of the trial period.
6. User Conduct
You agree to use our services for lawful purposes only. You agree not to:
- Use the service in any way that violates any applicable federal, state, local, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the service.
- Impersonate or attempt to impersonate Nimbify, a Nimbify employee, another user, or any other person or entity.
- Use the service in a manner that may disable, overburden, or impair the site.
- Upload, post, or transmit any material that is offensive, obscene, vulgar, or otherwise objectionable.
7. Intellectual Property
All content, features, and functionality on the Nimbify website, including but not limited to text, graphics, logos, and software, are the exclusive property of Nimbify and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8. Termination
Nimbify reserves the right to suspend or terminate your account and access to the services at our discretion, without notice, for conduct that we believe violates these terms or is harmful to other users, Nimbify, or third parties, or for any other reason.
9. Disclaimer of Warranties
Our services are provided on an ‘as is’ and ‘as available’ basis. Nimbify makes no representations or warranties of any kind, express or implied, regarding the operation of the services, the information, content, materials, or products included on our website. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
10. Limitation of Liability
In no event shall Nimbify, its affiliates, directors, employees, agents, or licensors be liable for any damages whatsoever resulting from your use or inability to use our services, including but not limited to: direct, indirect, incidental, special, consequential, or punitive damages, even if we have been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Nimbify, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of our services, your violation of these Terms of Service, or your violation of any rights of another party.
12. Governing Law
These Terms of Service and any disputes arising out of or related to your use of our services shall be governed by and construed in accordance with the laws of the jurisdiction in which Nimbify operates, without regard to its conflict of law principles.
13. Dispute Resolution
Any disputes arising out of or relating to these Terms of Service or your use of our services shall be resolved through binding arbitration in accordance with the rules of the arbitration organization selected by Nimbify. The arbitration will take place in the jurisdiction in which Nimbify operates.
14. Miscellaneous
- Severability: If any provision of these Terms of Service is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: No waiver of any term or provision of these terms shall be deemed a continuing waiver of such term or provision or any other term or provision.
- Entire Agreement: These Terms of Service constitute the entire agreement between you and Nimbify regarding your use of our services and supersede all prior agreements and understandings.
15. Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us through the appropriate channels provided on our website.
