Nudge Team Terms Of Use

 

Nudge Software Inc. (“we”/“us”) OWNS AND OPERATES THE WEBSITE LOCATED AT www.nudge.ai (“Website”), THE NUDGE SOFTWARE APPLICATION LOCATED AT app.nudge.ai AND WHICH MAY BE DOWNLOADED TO MOBILE DEVICES (THE “NUDGE APP”) FOR USE AND ACCESS THE NUDGE SERVICE WHICH ENABLES USERS TO BETTER UNDERSTAND AND CONNECT WITH THEIR BUSINESS CONTACTS (THE “NUDGE SERVICE”) (COLLECTIVELY “NUDGE”).

 

THESE TERMS OF USE APPLY TO ANYONE SIGNING UP TO USE NUDGE TEAM, A PAID FEATURE OFFERED BY US TO CORPORATE SUBSCRIBERS OF THE NUDGE SERVICE. THESE TERMS ARE SUPPLEMENTAL TO THE NUDGE TERMS OF USE AND THE TERMS OF ANY APPLICABLE NUDGE PURCHASE ORDER, AS DEFINED IN THE NUDGE TERMS OF USE.

 

BY SIGNING UP TO USE NUDGE TEAM, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE NUDGE TEAM OR ENTER INTO A NUDGE PURCHASE ORDER. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST USE OF NUDGE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO NUDGE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

 

  1. Getting Started

Use Criteria. In order to access and use Nudge Team you need to be a registered user of the Nudge Service (see further: Nudge Service Terms of Use “Getting Started”). In creating a team, the administrator may select a name but must ensure that the name selected does not give a misleading or false impression or association with an unaffiliated third party.

 

Permissions and Privacy. Your personal information on registration and any personal information about you or your contacts which is accessed through Nudge will be collected, hosted and used in accordance with our Privacy Policy. In addition, by registering to use Nudge Team you will also need to provide credit card information to our third party payment processor to pay for your Nudge Team subscription. Please see our Privacy Policy for further information.

 

Access. You can access and use Nudge Team from any computer or a personal mobile device if you have downloaded the Nudge App. In creating an account for Nudge Team you agree to keep your password secure and confidential; not permit any one to use your account or use another user’s accounts and to protect the information of any other persons who you invite to join your team.

 

  1. Administrators & Teams

An “Administrator” is someone who creates a Nudge Team on behalf of Customer and is given the role of administrator for that Team. Administrators are in charge of adding and removing members (who must each in turn by a Nudge Service user) and for ensuring that such users adhere to any particular terms of the Nudge Team as well as the Nudge Service terms. Administrators will have back-end access to manage their Nudge Team. Administrators have absolute discretion over who they invite or remove from their Nudge Team and may impose specific rules for participation in a Nudge Team.

 

We reserve the right to revoke a Nudge Team or Administrator from Nudge for breach of the Nudge Terms of Use, these Terms of Use or for the making, publishing, ratifying or endorsing of any disparaging remarks including but not limited to defamatory or malicious content against or about Nudge.

 

  1. Pricing and Payments

Nudge Team is a paid service which provides access to features of the Nudge Service which enables an enterprise to create a team within Nudge and certain features and functionality indicated on the website in the pricing section. Fees are payable by credit card only and non-refundable. You are not permitted to sell or transfer your subscription or account to a third party although the administrator of a Nudge Team may be changed by the enterprise who subscribes to receive the service. Subscription fees may be charged on a monthly or annual basis for Nudge Team as indicated on the Website or in the applicable Nudge Purchase Order. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We reserve the right to modify fees from time to time by providing written notice to your email account and the Website notifying you of the changes. Any change in fees will take effect 30 days after the date of notification and for monthly subscriptions, the new charges will apply from the beginning of the next billing cycle. For annual subscriptions, the change in fees will be reflected through a pro-rated increase in the monthly fees for the remaining term of your then current subscription.

 

  1. Content Terms

The Nudge Terms of Use on content, messaging features and the restrictions on content apply to Nudge Team. However, Nudge Team users will also have the ability to create and share content within the Nudge Team that is not made publicly available on Nudge unless users within the Nudge Team share such content publicly.

 

  1. Availability & Updates

We may alter, suspend, or discontinue the Nudge Team feature if required to by law or due to unforeseeable forecasts. Where possible we will endeavor to give you advance notice of the same. We may periodically add or update the information and materials on Nudge without notice.

 

  1. General

These Terms of Use, together with the Nudge Terms of Use and our Privacy Policy constitutes the entire agreement between the parties relating to Nudge and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by us must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms shall be governed by the laws of the Province of Ontario, Canada without giving effect to any conflict of laws or provisions whether contained in Canadian law or the laws of your current state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the province of Ontario, Canada. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to Nudge Team please contact us at: support@nudge.ai.

 

Last Updated: May 24, 2018.