Terms of Service (Nesha, Inc.)
These Terms of Service (“Terms”) govern your access to and use of Nesha’s websites, products, services, and applications (collectively, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
- 1. Eligibility and Accounts
- 2. The Services
- 3. Privacy
- 4. License and Acceptable Use
- 5. Integrations and Connectors
- 6. Your Content
- 7. Feedback
- 8. No Paid Subscriptions Today; Future Fees
- 9. Service Availability
- 10. Third-Party Services
- 11. Intellectual Property
- 12. Disclaimer of Warranties
- 13. Limitation of Liability
- 14. Indemnification
- 15. Termination
- 16. Governing Law
- 17. Binding Arbitration and Class Action Waiver
- 18. Changes to These Terms
- 19. Miscellaneous
- 20. Contact
1. Eligibility and Accounts
You must be at least 18 years old (or the age of majority where you live) to use the Services. If you create an account, you agree to provide accurate information, keep it up to date, and safeguard your credentials. You are responsible for all activity under your account.
2. The Services
Nesha provides tools that may generate insights, recommendations, and other outputs based on information you provide and (if you choose) data you authorize via integrations/connectors.
You understand and agree that outputs may be inaccurate, incomplete, or not fit for a particular purpose, and you are responsible for reviewing outputs before relying on them.
3. Privacy
Your use of the Services is subject to our Privacy Policy.
4. License and Acceptable Use
4A. License
Subject to these Terms, Nesha grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.
4B. Acceptable Use
You agree not to:
- use the Services in any way that violates applicable law or regulation
- infringe or misappropriate intellectual property, privacy, or other rights
- upload or transmit malware or attempt to compromise system security
- scrape, reverse engineer, decompile, or attempt to extract source code (except to the extent prohibited by law)
- interfere with or disrupt the Services or systems
- attempt to gain unauthorized access to accounts, data, or systems
- use the Services to create, train, or improve a competing product where prohibited by law
We may suspend or terminate access to the Services for violations of these Terms.
5. Integrations and Connectors
If you enable third-party integrations/connectors, you authorize Nesha to access and process data from those services to provide the Services. You represent you have the right to grant such access (including any required consents). Third-party services are not controlled by Nesha and may have separate terms and privacy policies.
6. Your Content
6A. Ownership
As between you and Nesha, you retain ownership of content you submit to the Services (“User Content”). Nesha retains ownership of the Services and related technology.
6B. License to Operate the Services
You grant Nesha a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display your User Content solely to: (i) provide, maintain, secure, and support the Services, and (ii) comply with law and enforce these Terms.
6C. No Third-Party Personal Data Upload
You agree not to upload or submit third-party personal data (for example, contact lists, personal emails, phone numbers, addresses) unless you have a lawful basis and any required permissions.
7. Feedback
If you submit feedback, ideas, or suggestions, you grant Nesha a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without compensation.
8. No Paid Subscriptions Today; Future Fees
The Services are currently provided without paid subscriptions. We may introduce paid features, usage limits, or fees in the future with advance notice and applicable terms. You will not be charged unless you affirmatively agree.
9. Service Availability, Changes, and Support
We may modify, suspend, or discontinue the Services (in whole or in part) at any time and may set usage limits. We aim to keep the Services available but do not guarantee uninterrupted availability.
10. Third-Party Services and Links
The Services may include links to third-party websites or services. Nesha is not responsible for third-party content, products, or services.
11. Intellectual Property
The Services, including software, models, interfaces, designs, text, FINDINGS, and logos, are owned by Nesha and/or its licensors and are protected by intellectual property laws. Except for the limited license in Section 4, no rights are granted to you.
12. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by law, Nesha disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law, Nesha will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill arising out of or related to the Services.
To the maximum extent permitted by law, Nesha’s total liability for all claims arising out of or related to the Services will not exceed $100.
14. Indemnification
You agree to indemnify and hold harmless Nesha and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any rights of another.
15. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Services.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. If you are a consumer in the EU/UK, mandatory rights under local law remain unaffected.
17. Binding Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights.
17A. Agreement to Arbitrate
Except for the carve-outs in Section 17C, you and Nesha agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) will be resolved by binding arbitration rather than in court.
17B. Arbitration Venue and Rules
- Venue: Delaware, unless you and Nesha agree otherwise.
- Administrator: The arbitration will be administered by a recognized arbitration provider (for example, AAA) under its applicable rules, as modified by these Terms.
- Arbitrator: A single neutral arbitrator.
- Language: English.
17C. Carve-Outs; Injunctive Relief
Either party may bring a claim in court to seek temporary or preliminary injunctive relief to prevent irreparable harm (for example, unauthorized access, misuse, or security threats), or for claims related to intellectual property infringement or misappropriation.
17D. Class Action Waiver
Disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.
17E. Time Limit
To the extent permitted by law, any Dispute must be brought within one (1) year after the claim arises, or it is permanently barred.
17F. EU/UK Note
If you are in the EU/UK, mandatory local consumer protection laws may limit the enforceability of arbitration and class action waivers. This section applies only to the extent enforceable in your jurisdiction.
18. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice by updating the Effective Date and/or notifying you through the Services. Your continued use of the Services after changes become effective means you accept the updated Terms.
19. Miscellaneous
- Entire Agreement: These Terms (and any additional terms presented in the Services) are the entire agreement regarding the Services.
- Severability: If any provision is unenforceable, the remainder will remain in effect.
- No Waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets.
- Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control.
20. Contact
Nesha, Inc.
Email: support@nesha.ai
Address: 131 Continental Dr Suite 305, Newark, DE 19713, United States
Attn: Legal / Terms