Terms of service
You may use the Services only if you agree to form a binding contract with nenos and are not a person barred from receiving services under the laws of the applicable jurisdiction. You must be at least thirteen (13) years of age to use these Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
Privacy
Our Privacy Policy outlines how we manage the information you give us through using our Services. You recognize that through your use of the Services you permit the collection and utilization (as set forth in the Privacy Policy) of this information, including the international movement of this information for storage, processing and use by nenos and its affiliates.
Content on the Services
You alone are responsible for your use of the Services and for any and all Content you publish, including compliance with applicable laws, rules, and regulations in your jurisdictions. You should only provide or publish Content that you are comfortable sharing with others publicly, regardless of the privacy settings you choose.
Any use or reliance on any Content published via the Services is at your own risk. We do not endorse, support, represent or guarantee the accuracy, completeness, truthfulness, or reliability of any Content posted or shared via the Services or endorse or support any opinions expressed via the Services. You understand that by using our Services, you may be exposed to Content that might be harmful, offensive, inappropriate, or otherwise inaccurate. All Content is the sole responsibility of the person who published such Content. We may or may not monitor nor control the Content posted via the Services and we cannot take responsibility for such Content.
We reserve the right to remove Content that violates the User Agreement, including for example, unlawful conduct, copyright or trademark violations or other intellectual property misappropriation, impersonation, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found here.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by emailing us at support@nenos.one or sending a written letter to:
nenos Inc.
Attn: Copyright
1002B S Church Ave PO Box 320146 Tampa, FL 33679
Your Rights and Grant of Rights in the Content
You retain your rights in perpetuity to any Content you submit, post or display on or through the Services. We believe that you have a right to own your Content and whatever you publish.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed. This license authorizes us to make your Content available and to let others do the same. You agree that this license includes the right for nenos to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by nenos, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant nenos the license described above.
Using the Service
Please review the nenos Community Standards which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.
Based on ever-changing circumstances, our Services may be changed from time to time at our discretion. We may stop (temporarily and/or permanently) providing the Services or any features within the Services to you individually or to users generally. We will also retain the right to create limits on use and storage without prior notice at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, limit distribution or visibility of any Content on the service, and reclaim usernames without liability to you.
In consideration for nenos granting you access to, and use of, the Services, you agree that nenos and any of its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, nenos’ computer systems, or the technical delivery systems of nenos’ providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by nenos (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with nenos (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of nenos is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of nenos, its users and the public. nenos does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
If you want to modify, reproduce, distribute, create derivative works, sell, transfer, publicly display and/or perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Services, you must abide by these Terms.
If you use advertising features of the Services, you must agree to our respective terms and conditions pertaining to advertising.
Your Account
You may need to create an account to use some of our Services and features. You are responsible for protecting your account against malicious activity, so we encourage you to use a strong and complex password and to limit its use to this account alone. We cannot, and will not, be held liable for any loss or damage arising from your failure to comply with the above.
As a benefit of our platform, you can manage most communications from the Services. Occasionally, we may provide you with certain communications, such as service announcements and administrative messages. These messages and announcements are considered part of your account and our Services, and you will not be able to opt-out from receiving them. If you have added your cellular phone number to your account and you later change or remove that phone number, you will need to update your account information to help prevent us from accidentally contacting someone who receives your old phone number.
Your License to Use the Services
nenos gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license provides the sole purpose of enabling you to utilize and enjoy the Services as provided by nenos, in the manner permitted by these Terms and Conditions.
Our Services are protected by copyright, trademark, and other laws of the United States. Nothing in these Terms provides you the right to use the nenos name or any of the nenos logos, trademarks, domain names, other brand features, and other proprietary rights. All title, right, and interest in and to the Services (excluding Content created by users) are and will remain the exclusive property of nenos and its licensors. Any commentary, feedback, or suggestions you may provide regarding nenos, or the Services is entirely voluntary and we will be free to use such feedback, commentary or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may conclude your legal agreement with nenos any time by deactivating your account and discontinuing your use of our Services. Review here for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information after your account is deactivated.
If necessary, we may terminate or suspend your account or cease providing you with all or part of these Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our usage policies, (ii) you have created risk or possible legal exposure to us; (iii) your account should be removed due to unlawful actions, or (iv) our provision of the Services to you is no longer commercially viable. Of course, we will make reasonable efforts to contact you by the email address or phone number associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use our Services, except that the following sections shall continue to apply: II, III, V, and VI. If you believe your account was removed or suspended in error you can file an appeal following the steps found here. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
Disclaimers and Limitations of Liability
The Services are Available "AS-IS"
Your access to, and usage of, these Services or any Content you view or are interacting with are at your own risk. You agree and understand that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “nenos Entities” refers to nenos, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, the nenos Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. The nenos Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the nenos Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
To the maximum extent permitted by applicable law, the nenos Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any content obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or content. in no event shall the aggregate liability of the nenos entities exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid nenos, if any, in the past six months for the services giving rise to the claim. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the nenos entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
General
Due to evolving circumstances, we may amend these Terms from time to time. These changes will not be retroactive, and the most current version of the Terms, which will always be at nenos.one/tos, will govern our relationship with you. We will try to contact you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use these Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of Florida, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and nenos. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Hillsborough County, Florida, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Florida (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. nenos’ failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and nenos Inc., 1002B S Church Ave, PO Box 320146, Tampa, FL 33679. If you have any questions about these Terms, please contact us.
Effective: December 13, 2021