Terms of Service

Terms and conditions for using Nudga's personal alerting and escalation service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using Nudga's personal alerting and escalation service ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Nudga provides a personal alerting and escalation service that allows users to:

  • Create time-sensitive alerts and reminders
  • Set up escalation contacts to be notified if alerts are not acknowledged
  • Receive notifications via SMS and email
  • Manage escalation policies and acknowledgment tracking
  • Access a dashboard to manage all nudges and contacts

3. User Accounts and Registration

Account Creation

To use our Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding the password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Account Termination

We reserve the right to terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Send spam, unsolicited messages, or harassing communications
  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit harmful, offensive, or inappropriate content
  • Attempt to gain unauthorized access to our systems
  • Use the Service for commercial purposes without proper authorization
  • Interfere with or disrupt the Service or servers

5. Escalation Contact Responsibilities

Consent Requirements

When adding escalation contacts, you must:

  • Obtain explicit consent from each contact before adding them
  • Inform contacts about the nature of escalation messages
  • Respect their right to opt-out at any time
  • Only share necessary information in escalation messages

Contact Management

You are responsible for maintaining accurate and up-to-date contact information for your escalation contacts. You must promptly remove contacts who have requested to be removed or who are no longer appropriate escalation contacts.

6. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy and Opt-In Policy, which are incorporated into these Terms by reference. By using our Service, you consent to our collection and use of information as described in those policies.

7. Service Availability and Modifications

Service Availability

We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or other factors beyond our control.

Service Modifications

We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

8. Payment Terms

Fees and Billing

Some features of our Service may require payment. All fees are non-refundable unless otherwise stated. We reserve the right to change our pricing with 30 days' notice.

Payment Processing

Payments are processed through third-party payment processors. You agree to their terms and conditions. We are not responsible for any issues with payment processing.

9. Intellectual Property

The Service and its original content, features, and functionality are owned by Nudga and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

10. Limitation of Liability

Important: In no event shall Nudga, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

You agree to defend, indemnify, and hold harmless Nudga and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved in the courts of [Your Jurisdiction].

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: hello@nudga.io
Website: https://nudga.io