Terms and Conditions

MOBILE APP TERMS & CONDITIONS

Last Updated: April 27, 2019

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Nebulous LLC, concerning your access to and use of the all Mobile Applications (Apps) developed by Nebulous LLC. You agree that by accessing the Apps, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. Nebulous LLC reserves the right, in its sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Nebulous LLC will update the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the date such revised Terms are posted.

The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Nebulous LLC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the App.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the App is Nebulous LLC proprietary property and all source code, databases, functionality, software, webApp designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Nebulous LLC or licensed to Nebulous LLC, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Nebulous LLC express prior written permission.

Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Nebulous LLC reserves all rights not expressly granted to you in and to the App, Content and the Marks.

USER REPRESENTATIONS

By using the App, you represent and warrant that: [(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; [(4) you are not under the age of 18;] (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the App]; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; and (8) your use of the App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, Nebulous LLC has the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).

USER REGISTRATION

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. Nebulous LLC reserves the right to remove, reclaim, or change a username you select if Nebulous LLC determines, in Nebulous LLC sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the App for any purpose other than that for which Nebulous LLC makes the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Nebulous LLC.

As a user of the App, you agree not to:

systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Nebulous LLC.
make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the App.
use the App to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
engage in unauthorized framing of or linking to the App.
trick, defraud, or mislead Nebulous LLC and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of Nebulous LLC support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the App in order to harass, abuse, or harm another person.
use the App as part of any effort to compete with Nebulous LLC or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
harass, annoy, intimidate, or threaten any of Nebulous LLC employees or agents engaged in providing any portion of the App to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in Nebulous LLC opinion, Nebulous LLC and/or the App.
use the App in a manner inconsistent with any applicable laws or regulations.
[other]

GUIDELINES FOR REVIEWS

Nebulous LLC may provide you areas on the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

Except as prohibited by Apple, Nebulous LLC may accept, reject, or remove reviews in Nebulous LLC sole discretion. Nebulous LLC has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Nebulous LLC, and do not necessarily represent Nebulous LLC opinions or the views of any of Nebulous LLC affiliates or partners. Nebulous LLC do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to Nebulous LLC a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the App via a mobile application, then Nebulous LLC grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Nebulous LLC or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any webApp or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of Nebulous LLC interfaces or Nebulous LLC other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for Nebulous LLC mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) Nebulous LLC is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App (“Submissions”) provided by you to Nebulous LLC are non-confidential and shall become Nebulous LLC’s sole property. Nebulous LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against Nebulous LLC for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEB APPS AND CONTENT

The App may contain (or you may be sent via the App) links to other webApps (“Third-Party webApps”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party webApps and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Nebulous LLC, and Nebulous LLC is not responsible for any Third-Party webApps accessed through the App or any Third-Party Content posted on, available through, or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party webApps or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party webApps or any Third-Party Content does not imply approval or endorsement thereof by Nebulous LLC. If you decide to leave the App and access the Third-Party webApps or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any webApp to which you navigate from the App or relating to any applications you use or install from the App. Any purchases you make through Third-Party webApps will be through other webApps and from other companies, and Nebulous LLC takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that Nebulous LLC does not endorse the products or services offered on Third-Party webApps and you shall hold Nebulous LLC harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold Nebulous LLC harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party webApps.

ADVERTISERS

Nebulous LLC may allow advertisers to display their advertisements and other information in certain areas of the App, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the App and any services provided on the App or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to Nebulous LLC Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] Nebulous LLC simply provides the space to place such advertisements, and Nebulous LLC has no other relationship with advertisers.

APP MANAGEMENT

Nebulous LLC reserves the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in Nebulous LLC sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in Nebulous LLC sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in Nebulous LLC sole discretion and without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that are excessive in size or are in any way burdensome to Nebulous LLC systems; and (5) otherwise manage the App in a manner designed to protect Nebulous LLC rights and property and to facilitate the proper functioning of the App.

PRIVACY POLICY

Nebulous LLC cares about data privacy and security. Please review Nebulous LLC Privacy Policy. By using the App, you agree to be bound by Nebulous LLC Privacy Policy, which is incorporated into these Terms of Use. Please be advised the App is hosted in the United States. If you access the App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the App or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. [Further, Nebulous LLC does not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if Nebulous LLC receives actual knowledge that anyone under the age of 18 has provided personal information to Nebulous LLC without the required App and verifiable parental consent, Nebulous LLC will delete that information from the App as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

Nebulous LLC respects the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify Nebulous LLC Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the App are covered by the Notification, a representative list of such works on the App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nebulous LLC to locate the material; (4) information reasonably sufficient to permit Nebulous LLC to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the App as a result of a mistake or misidentification, you may submit a written counter notification to [Nebulous LLC / Nebulous LLC Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which Nebulous LLC is located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send Nebulous LLC a valid, written Counter Notification meeting the requirements described above, Nebulous LLC will restore your removed or disabled material, unless Nebulous LLC first receive notice from the party filing the Notification informing Nebulous LLC that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

COPYRIGHT INFRINGEMENTS

Nebulous LLC respects the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify Nebulous LLC using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the App infringes your copyright, you should consider first contacting an attorney.]

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If Nebulous LLC terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Nebulous LLC reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

Nebulous LLC reserves the right to change, modify, or remove the contents of the App at any time or for any reason at Nebulous LLC sole discretion without notice. However, Nebulous LLC has no obligation to update any information on Nebulous LLC Apps. Nebulous LLC also reserve the right to modify or discontinue all or part of the App without notice at any time. Nebulous LLC will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.

Nebulous LLC cannot guarantee the App will be available at all times. Nebulous LLC may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. Nebulous LLC reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or for any reason without notice to you. You agree that Nebulous LLC has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms of Use will be construed to obligate Nebulous LLC to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.

NO WARRANTY

THE APP AND ITS CONTENT IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO AS TO THE ACCURACY, COMPLETENESS OR PERFORMANCE OF THE APP OR ITS CONTENT.

GOVERNING LAW

These Terms of Use and your use of the App are governed by and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and to be entirely performed within the State of Wisconsin, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or Nebulous LLC (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Dane County, Wisconsin, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the App be commenced more than 1 year after the cause of action arose.

CORRECTIONS

There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. Nebulous LLC reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL NEBULOUS LLC OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

1) ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR

2) ANY CLAIM, WHETHER IN CONTRACT OR IN TORT, THAT AROSE MORE THAN ONE YEAR AFTER CAUSE OF ACTION AROSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE 6 MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING UP TO BUT NOT TO EXCEED ONE HUNDRED US DOLLARS $100.00.

INDEMNIFICATION

In no event will Nebulous LLC or Nebulous LLC subsidiaries, affiliates, and all of Nebulous LLC respective officers, agents, partners, and employees, own any duty either expressed or implied to defend, indemnify, and hold harmless, you or any subsidiaries, affiliates, and all of Nebulous LLC respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand.

You agree to defend, indemnify, and hold Nebulous LLC harmless, including Nebulous LLC subsidiaries, affiliates, and all of Nebulous LLC respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the App with whom you connected via the App. Notwithstanding the foregoing, Nebulous LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Nebulous LLC, and you agree to cooperate, at your expense, with Nebulous LLC defense of such claims. Nebulous LLC will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

Nebulous LLC will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. Although Nebulous LLC performs regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that Nebulous LLC shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Nebulous LLC arising from any such loss or corruption of such data. See Nebulous LLC Privacy Policy for further information and requirements.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the App, sending Nebulous LLC emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Nebulous LLC provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with Nebulous LLC is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by Nebulous LLC on the App constitute the entire agreement and understanding between you and Nebulous LLC. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. Nebulous LLC may assign any or all of Nebulous LLC rights and obligations to others at any time. Nebulous LLC shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Nebulous LLC’s reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Nebulous LLC as a result of these Terms of Use or use of the App. You agree that these Terms of Use will not be construed against Nebulous LLC by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. If any portion of these Terms is determined by any court of competent jurisdiction or any appropriate legislature to be wholly or partially unenforceable, for any reason, such unenforceability shall not affect the balance hereof.

CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us.