These Terms of Service ("Terms") govern your access to and use of the products and services provided by Nuboc Inc. ("Nuboc", "we", "us", or "our"), including any software products, websites, applications, and APIs we make available (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include that organization.
Section 1Accounts and Access
Account Registration
To use the Services you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
Authorized Users
You may invite users to access the Services under your organization account ("Authorized Users"). You are responsible for ensuring Authorized Users comply with these Terms. You are liable for all actions taken by Authorized Users under your account.
Account Security
You agree to notify us immediately at hello@nuboc.com if you suspect unauthorized access to your account. We are not liable for any loss resulting from unauthorized use of your account credentials.
Section 2Subscription and Payment
Subscription Plans
Access to the Services is provided on a subscription basis. Details of available plans, features, and pricing are described at nuboc.com or as agreed in an Order Form. We reserve the right to modify pricing with at least 30 days written notice.
Billing
Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). All fees are due upon invoice and are non-refundable except as expressly stated in these Terms or required by applicable law. We use Stripe to process payments. By providing payment information, you authorize us to charge your payment method for all applicable fees.
Taxes
All fees are exclusive of applicable taxes. You are responsible for all sales, use, VAT, and other taxes associated with your subscription, excluding taxes on Nuboc's income.
Late Payment
If payment is not received within 10 days of the due date, we may suspend access to the Services until payment is received. We reserve the right to terminate accounts with chronic non-payment after reasonable notice.
Free Trials
We may offer free trials at our discretion. At the end of a free trial, your account will either convert to a paid subscription or be suspended unless you have provided valid payment information.
Section 3Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services in violation of any applicable local, state, national, or international law or regulation
- Upload, transmit, or distribute any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable
- Attempt to gain unauthorized access to any portion of the Services, other accounts, or systems connected to the Services
- Interfere with or disrupt the integrity or performance of the Services or the data contained therein
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
- Use the Services to transmit unsolicited commercial communications (spam)
- Use the Services to store or process protected health information (PHI) unless a separate Business Associate Agreement (BAA) has been executed with Nuboc
- Resell, sublicense, or otherwise make the Services available to third parties without our prior written consent
- Use automated means to scrape, crawl, or extract data from the Services
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
We reserve the right to suspend or terminate your access to the Services for violation of this section without prior notice.
Section 4Customer Data
Ownership
You retain all ownership and intellectual property rights in the data you submit to or generate through the Services ("Customer Data"). These Terms do not grant Nuboc any ownership rights in Customer Data.
License to Operate the Services
You grant Nuboc a limited, non-exclusive, worldwide license to access, process, store, and use Customer Data solely as necessary to provide, maintain, and improve the Services and as described in our Privacy Policy.
Responsibility for Customer Data
You are solely responsible for the accuracy, quality, integrity, and legality of Customer Data. You represent and warrant that you have all necessary rights and permissions to submit Customer Data to the Services and that doing so does not violate any third-party rights or applicable law.
Data Security
We implement reasonable technical and organizational measures to protect Customer Data as described in our Privacy Policy and Security documentation. However, no system is completely secure, and we cannot guarantee absolute security.
Section 5Intellectual Property
Nuboc IP
The Services, including all software, designs, text, graphics, logos, and other content provided by Nuboc, are owned by Nuboc Inc. and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any rights in Nuboc's intellectual property except the limited license to use the Services as described herein.
Feedback
If you provide suggestions, ideas, or feedback about the Services ("Feedback"), you grant Nuboc a perpetual, irrevocable, royalty-free license to use and incorporate that Feedback into the Services without any obligation to you.
Trademarks
"Nuboc" and related marks are trademarks of Nuboc Inc. You may not use these marks without our prior written permission.
Section 6Confidentiality
Each party may have access to information that is confidential to the other party ("Confidential Information"). Each party agrees to protect the other's Confidential Information with the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Neither party will disclose Confidential Information to third parties or use it for any purpose outside the scope of these Terms without prior written consent.
Confidential Information does not include information that: (a) is or becomes publicly known through no breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order, provided the receiving party gives reasonable prior notice.
Section 7Integrations and Third-Party Services
The Services may integrate with third-party platforms and services ("Third-Party Services"). Your use of Third-Party Services is governed by their respective terms and privacy policies. Nuboc is not responsible for the availability, accuracy, or practices of Third-Party Services. We are not liable for any loss or damage arising from your use of or reliance on Third-Party Services.
Section 8Availability and Support
Service Availability
We aim to provide reliable, high-availability Services but do not guarantee uninterrupted access. We may perform scheduled or emergency maintenance that temporarily affects availability. We will provide advance notice of scheduled maintenance where reasonably possible.
Support
We provide support via email at hello@nuboc.com. Support terms, response times, and SLAs are as described in your subscription plan or Order Form.
Section 9Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NUBOC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED FROM NUBOC OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Section 10Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NUBOC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NUBOC'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NUBOC IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Section 11Indemnification
You agree to indemnify, defend, and hold harmless Nuboc and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your Customer Data; or (d) your violation of any third-party rights.
Section 12Term and Termination
Term
These Terms commence on the date you first access the Services and continue until terminated.
Termination by You
You may terminate your subscription at any time from your account settings or by contacting hello@nuboc.com. Termination takes effect at the end of your current billing period. No refunds are issued for unused portions of a billing period.
Termination by Nuboc
We may suspend or terminate your access to the Services immediately upon notice if: (a) you materially breach these Terms and fail to cure such breach within 10 days of notice; (b) you fail to pay fees when due; (c) you engage in conduct that poses a security risk or legal liability to Nuboc or other users; or (d) we are required to do so by law.
Effect of Termination
Upon termination, your right to access the Services ceases immediately. We will provide a data export within 24 hours of termination and retain your data for 7 days to allow download, after which all data will be permanently deleted as described in our Privacy Policy.
Section 13Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Sheridan, Wyoming. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.
You waive any right to participate in a class action lawsuit or class-wide arbitration against Nuboc.
Section 14General
Entire Agreement
These Terms, together with our Privacy Policy and any applicable Order Forms, constitute the entire agreement between you and Nuboc regarding the Services and supersede all prior agreements.
Modifications
We may modify these Terms from time to time. For material changes we will provide at least 30 days notice via email or in-app notification. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree to the modified Terms, you may terminate your subscription before the effective date.
Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
Waiver
Failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce it in the future.
Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Nuboc may assign these Terms without restriction in connection with a merger, acquisition, or sale of assets.
Force Majeure
Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including natural disasters, acts of government, labor disputes, or internet outages.
Contact
For questions about these Terms:
Website: nuboc.com
Mailing address: 1309 Coffeen Avenue, STE 1200, Sheridan, WY 82801