Neunition Terms and Conditions

Last Updated: September 15, 2022

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural form.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any Device, named Neunition.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Company (also referred to as "the Company", "We", "Us" or "Our") refers to Neunition.
  • Country refers to: Canada
  • Device means any electronic device that can access the Service such as a cellphone or a digital tablet.
  • European Union (or EU) means all references made within this document to the European Union include all current member states to the European Union and the European Economic Area.
  • Service refers to the Application.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all who access or use Our Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You do not agree to be bound by these Terms and Conditions as last updated, do not use (or continue to use) the Service.

You warrant and represent that You are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of these Terms and Conditions. The Company does not permit those under thirteen (13) years old both the access and usage of the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service: https://www.neunition.com/privacy

Communications

By creating an account on Our Service, You agree to subscribe to newsletters, marketing, promotional materials and/or other information We may send. However, You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or by contacting Us.

Prohibited Uses

You may use Our Service only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use Our Service:

  1. In any way that violates any applicable national or international law or regulation.
  2. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  3. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of Our Service, or which, as determined by Us, may harm or offend the Company or users of Our Service or expose them to liability.

Additionally, You agree not to:

  1. Use Our Service in any manner that could disable, overburden, damage, or impair Our Service or interfere with any other party's use of Our Service, including their ability to engage in real-time activities through Our Service.
  2. Use any robot, spider, or other automatic device, process, or means to access Our Service for any purpose, including monitoring or copying any of the material on Our Service.
  3. Use any manual process to monitor or copy any of the material on Our Service or for any other unauthorized purpose without Our prior written consent.
  4. Use any device, software, or routine that interferes with the proper working of Our Service.
  5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Our Service, the server on which Our Service is stored, or any server, computer, or database connected to Our Service.
  7. Attack Our Service via a denial-of-service attack or a distributed denial-of-service attack.
  8. Take any action that may damage or falsify the Company rating.
  9. Otherwise attempt to interfere with the proper working of Our Service.

Intellectual Property

Our Service and its original content, features, and functionality are and will remain the exclusive property of Neunition and/or its licensors. All intellectual property rights are reserved. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Neunition.

Links to Other Websites

Our Service may contain links to other websites that are not owned or operated by Us. If You click on a third-party link, You will be directed to that third-party's site. We strongly advise You to review the Privacy Policy of every site You visit.

The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Termination

We may terminate or suspend Your account and bar access to Our Service immediately, without prior notice or liability, under Our sole discretion for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.

All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, Your right to use Our Service will cease immediately.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern and construct these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding Our Service and supersede and replace any prior agreements We might have had between Us regarding Our Service.

Disputes Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are a resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Waiver and Severability

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to Service

We reserve the right to withdraw or amend Our Service and any service or material We provide via Our Service in Our sole discretion without notice. We will not be liable if for any reason all or any part of Our Service is unavailable at any time or for any period. From time to time, We may restrict access to some parts of Our Service or the entire Service from You.

Changes to Terms and Conditions

We reserve the right at Our sole discretion to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new Terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using Our Service.

Contact Us

If You have any questions about these Terms and Conditions, You can contact Us by email: support@neunition.zohodesk.com

You may also contact Us directly with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to Our Service.

You acknowledge and agree that:

  • You shall not retain, acquire, or assert any intellectual property right or other rights, title or interest in or to the feedback.
  • The Company may have development ideas similar to the feedback.
  • Feedback does not contain confidential information or proprietary information from You or any third-party.
  • The Company is not under any obligation of confidentiality with respect to the feedback. In the event the transfer of the ownership for the feedback is not possible due to applicable mandatory laws, You grant the Company and its Affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Your feedback in any manner and for any purpose.