These terms (“Terms”) govern your access to, use of and continued use of the technologies, services and products that we provide (including any websites, mobile applications, application programming interface, software or other products or services) (collectively, “Services”), except where we expressly state that separate terms (and not these) apply. The Services are provided by Nubizpro (“we”, “us”, or the “Company”). By accessing, using or continuing to use any of our Services, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, then you may not access, use or continue to use any of our Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. In the event of any conflict between such an agreement and these Terms, the former shall prevail. If you are using the Services on behalf of or as an agent of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you, such entity or any other representative or agent of such entity violates these Terms.
We strive to improve our Services and develop new features to make our Services better for you. As part of that, we may change, modify or update these Terms from time to time in our sole discretion, and you will be bound by those new Terms if you continue to use any of our Services. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services, or by updating the date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand them and how they apply to your access to, use of and continued use of the Services. If you do not agree to any amended or added Terms, you must immediately stop using the Services.
Services
Our Services may include free Services and paid-for Services. Payment for Services may be on the basis of an agreed-upon price, on an as-used basis or on a recurring basis through a subscription. We might work with one or more third-party payment processors to accept payments and manage subscriptions. All such transactions are governed by their respective terms of use and privacy policies, which we have no control over. You can review their respective terms of use and privacy policies on their respective websites. Services may be subject to additional taxes and fees. We do not process or retain your payment information.
You may cancel Services at any time. Subscription-based Services will automatically renew on the agreed-upon term, unless you cancel such Service before the applicable renewal date by contacting us in writing. Following the cancelation of any Service, we will not refund any amounts previously paid to us for that Service.
We may change the prices for Services at any time. Changed prices will apply to all new Services or, in the case of subscription-based Services, when such Services expire or renew. If you do not agree to the changed prices, you must cancel your subscription-based Services before the renewal date, when the change in prices go into effect in connection with the automatic renewal.
We reserve the right to suspend or terminate both your account and your access to your account at our sole discretion. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Services, (c) do not have more than one online account with us, and (d) have full power and authority to agree to these Terms, including if you are agreeing to these Terms on behalf of an entity. You further agree to (and will be solely responsible for ensuring that you): (a) provide accurate, current and complete information and permit us to correct that information where it is known to be incorrect or incomplete, (b) maintain and promptly update your information, (c) maintain the security of your electronic devices (including products, applications, servers, hardware security modules, flash drives, authenticators, computers, mobile phones, storage devices and other devices) and electronic applications and any other resource that you use in connection with the Services, (d) accept all risks of unauthorized access to your devices and the information you provide to us, and (e) promptly notify us in writing if you discover or otherwise suspect any loss, compromise or other potential security breach related to the Services.
Intellectual Property
The Services and all content and other materials therein, including Company logos, designs, text, graphics, pictures, information, data, software, sound files, video files, other files, and the selection and arrangement thereof (“Content”) are the property of Company or our licensors, and are protected by international copyright laws. You have a limited, revocable, non-exclusive, non-sublicensable license to access and use the Services and Content subject to these Terms. This license does not include any right to (a) resell the Services or the Content, (b) use the Services or Content in any way not contemplated by these Terms, (c) modify, reverse engineer or make any derivative use of the Services or Content or any portion thereof, (d) use any data mining, data gathering or data extraction methods, (e) download or copy (other than page caching) any portion of the Services or Content, or (f) use any Services or Content other than for their intended purposes as expressly described in these Terms. Any improper or prohibited use will cause such license to terminate automatically. This license is revocable at any time and for any reason or no reason. Notwithstanding anything to the contrary in these Terms, the Services may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components. Notwithstanding the foregoing, in the event any open source software is used and subject to a broader mandatory license, the portions of such software required to be subject to a broader mandatory license will be subject to such license.
The Company logos and other product or service names, logos and slogans that may appear on the Services are trademarks of the Company, and may not be copied, imitated or used, in whole or in part. You may not use any metatags or other hidden text using any Company name or trademark.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or third-parties linking to the Services. We are not responsible for the contents of any linked site, which we provide only as a convenience, and such inclusion does not imply affiliation, endorsement or adoption by us of any third-party website or any information contained therein. This may include advertisements and promotions from third parties that are displayed on the Services, and any arrangements between you and such third parties are solely between you and such third parties.
Privacy
Please refer to our Privacy Policy for information about how we collect, use and disclose information in relation to our Services. By using the Services, you consent to the Company and our representatives contacting you using the contact information that you provide to us.
Additional Provisions
We work hard to provide the best Services we can, but our Services are provided “as is,” and we make no guarantees that they always will be safe, secure or error-free, or that they will function without disruptions, delays or imperfections. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We reserve the right to change all or any portion of the Services, and to modify, suspend or discontinue the Services or any feature or functionality of the Services at any time without notice and without obligation or liability to you or any other party. You acknowledge and agree that our liability (including for our employees, agents, owners, managers, affiliates and representatives) shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, lost use, lost revenues, lost information or lost data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms or the Services (however caused, and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. You further acknowledge and agree that our aggregate liability (including for our employees, agents, owners, managers, affiliates and representatives) arising out of or relating to these Terms or the Services will not exceed the greater of $100 or the amount you have paid us in subscription fees during the past twelve months. You acknowledge that we are not required to maintain insurance or a particular amount of insurance coverage, and that you will not rely on any insurance coverage in determining whether to use the Services. You, and any entity which you represent in using the Services, will hold harmless and indemnify the Company and its employees, agents, owners, managers, affiliates and representatives from any damages, claim, action or proceeding arising from or related to the use of the Services or violation of these Terms.
To the fullest extent permitted by applicable law, you release the Company and its employees, agents, owners, managers, affiliates and representatives from responsibility, liability, damages, claims, actions and proceedings of every kind and nature, known and unknown, arising out of or related to disputes among other users and the acts or omissions of third parties. You hereby acknowledge and expressly waive any and all rights under California Civil Code Section 1542, which states “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”, and any similar or related applicable provision.
You agree that any claim, cause of action or dispute between you and us that arises out of or relates to these Terms or the Services shall be resolved exclusively in the U.S. District Court for the District of Utah or a Utah state court located in Salt Lake County, Utah, USA. You also agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the State of Utah will govern these Terms and any claim, cause of action or dispute without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that Company may, in its sole discretion, bring any claim, cause of action or dispute we have against you in any competent court that has jurisdiction over the claim. You agree that any dispute arising out of or related to these Terms or the Services is personal to you and that any dispute will be resolved solely through individual action, and will not be brought as a class action or any other type of representative proceeding. Any dispute must be filed within one year after the relevant claim arose, following which such dispute is permanently barred. These Terms supersede any prior Terms and, together with any separate agreement between you and the Company then in effect, make up the entire agreement between you and Company regarding the Services. To the extent any Services are also governed by supplemental terms, those will become part of these Terms. If any provision of these Terms is found to be unlawful, void or otherwise unenforceable, then that unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. No failure or delay in our enforcement of these Terms will constitute a waiver. Any amendment or waiver of these Terms must either be updated on our website by us or in a writing signed by us. We may transfer all or any of our rights or obligations under these Terms, including in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. Your rights and obligations under these Terms are not transferable, and any attempted transfer shall be null and void ab initio. Except for the limitation of liability terms, these Terms do not confer any third-party beneficiary rights. We welcome your feedback and suggestions about our Services, and you agree that we may use any such feedback and suggestions without any restriction and without any obligation to compensate you, and you agree that we are under no obligation to keep them confidential.