Terms of Service

1. Acceptance of Terms

By accessing or using the Nurturally, Inc. ("Nurturally," "we," "us," or "our") SaaS platform (the "Service"), you agree to comply with and be bound by these Terms of Service ("ToS"). If you are entering into this agreement on behalf of a business, you represent that you have the authority to bind that entity. If you do not agree, do not use the Service.

2. Service Description

Nurturally is a SaaS platform that:

• Integrates with your email inbox (e.g., Gmail), communication channels (e.g., Slack, LinkedIn), and CRMs to automate lead nurturing.
• Analyzes communication content to identify and import leads, schedule follow-ups, and generate summaries.
• Provides a Chrome extension to capture leads from LinkedIn and email.

Beta Disclaimer: The Service is in active development. Features marked "Coming Soon" are subject to change or cancellation. Early adopters acknowledge potential instability and agree to provide feedback at their discretion.

3. Eligibility

• You must be at least 18 years old and legally authorized to use the Service.
• Businesses (SMBs) are responsible for ensuring all users under their account comply with these ToS.

4. User Responsibilities

A. Account Security

• Safeguard your login credentials. Notify us immediately of unauthorized access.
• You are liable for all activities under your account.

B. Compliance

• Use the Service lawfully and in accordance with third-party platform terms (e.g., Google API Services, LinkedIn policies).
• Do not upload or transmit illegal, infringing, or harmful content.

C. Data Consent

By connecting third-party accounts (e.g., Gmail), you grant Nurturally permission to access and process data as described in our Privacy Policy.

5. Payment Terms

• Fees: Subscription fees are billed monthly/annually. Early adopter pricing may increase upon official launch.
• Auto-Renewal: Subscriptions renew automatically unless canceled 30 days before the billing cycle.
• Refunds: Fees are non-refundable except as required by law.

6. Intellectual Property

Your Data: You retain ownership of data uploaded to the Service. You grant Nurturally a non-exclusive, royalty-free license to use, process, and display such data to provide the Service.

Our Platform: Nurturally owns all rights to the Service, including software, trademarks, and aggregated/anonymized data.

7. Termination

• By You: Cancel anytime via your account dashboard.
• By Us: We may suspend or terminate access for breach of these ToS, non-payment, or unlawful activity.
• Effect of Termination: All licenses end, and data may be deleted after 90 days.

8. Disclaimers

The Service is provided "as is" and "as available." We disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, or uninterrupted operation. We do not guarantee:

• Accuracy of lead identification or campaign results.
• Compatibility with all third-party platforms.
• Error-free performance during beta testing.

9. Limitation of Liability

To the fullest extent permitted by law:

• Nurturally is not liable for indirect, incidental, punitive, or consequential damages (e.g., lost profits, data loss).
• Total liability for any claim is limited to fees paid to us in the 12 months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nurturally from claims arising from:

• Your misuse of the Service.
• Violation of third-party rights (e.g., data privacy, intellectual property).

11. Governing Law & Dispute Resolution

• Governing Law: Colorado law, excluding conflicts of laws principles.
• Arbitration: Disputes will be resolved by binding arbitration in Boulder, CO, under AAA rules. Class actions and jury trials are waived.

12. Updates to ToS

We may modify these ToS at any time. Continued use after updates constitutes acceptance. Material changes will be notified via email or in-app alerts.

13. Third-Party Services

The Service integrates with platforms like Gmail, Slack, and LinkedIn. We are not responsible for their terms, privacy policies, or outages.

14. Miscellaneous

• Force Majeure: Not liable for delays caused by events beyond our control (e.g., natural disasters).
• Severability: If any provision is invalid, the remainder of the ToS remains enforceable.
• Entire Agreement: Supersedes all prior agreements.

Contact Information

Beta Users

By using the Service during beta, you acknowledge potential instability and agree to provide feedback voluntarily. Beta features may be discontinued without notice.