Terms of Service

1. Welcome to Nüdge Theory

These Terms of Service ("Terms") are an agreement between you and Nüdge Theory ("we," "us," or "our") for using the Nüdge Theory service, our websites, apps, and everything related (the "Service").

By using Nüdge Theory, you're agreeing to these Terms and our Privacy Policy. If you don't agree, please don't use the Service.

Using Nüdge Theory on behalf of a company or organization? You're confirming you have authority to bind them to these Terms too.

2. Who Can Use Nüdge Theory

Nüdge Theory is built for businesses: freelancers, consultants, and small agencies who need to get paid. To use the Service:

• You must be at least 18 (or the legal age in your area)
• You need the legal ability to enter into contracts
• You're using Nüdge Theory for business, not personal, purposes

Your account is your responsibility. Keep it secure, and let us know immediately if something seems wrong. We can suspend or close accounts if needed.

3. What Nüdge Theory Does (and Doesn't Guarantee)

Nüdge Theory helps you send payment reminder emails to your clients. Simple as that.

But here's the honest truth about what we can and can't promise:

We can't guarantee:

• That Nüdge Theory will always be available (outages happen)
• That every email will be delivered (spam filters, bounces, and internet gremlins exist)
• That the Service will be perfect or bug-free
• That Nüdge Theory will meet every specific need you have

We may change things:

We're always improving Nüdge Theory. That means features might change and pricing might adjust. We'll try to give you notice when we can, but we reserve the right to evolve the Service.

4. Your Data

You own your data. The content you put into Nüdge Theory, your client info, invoice details, uploaded files, everything, belongs to you.

That said, to make Nüdge Theory work, you're giving us permission to use your data to provide the Service (like sending emails on your behalf and storing your invoice attachments). If you leave Nüdge Theory, we may keep anonymized, aggregated data that can't identify you.

A few things to keep in mind:

• Make sure you actually have rights to the data and files you upload
• Files you upload (invoice PDFs, images, spreadsheets) are stored on third-party cloud infrastructure. By uploading files, you consent to this storage
• We don't guarantee we'll keep backups forever, so please keep your own records
• Your data should comply with applicable laws

We use analytics and error monitoring tools to improve the Service and fix issues. This includes collecting anonymized usage data (such as page views and feature usage) and error reports. For full details on what data we collect and how it's used, see our Privacy Policy.

5. Sending Reminders to Your Clients

5.1 Before You Add Someone

When you add a client's email to Nüdge Theory, you're telling us:

• You have a real business relationship with them
• You have permission to email them
• The information you're providing is accurate
• Emailing them complies with applicable laws

5.2 You're Responsible

Every reminder sent through Nüdge Theory is your responsibility. That includes:

• What the emails say
• Whether you have proper permission to send them
• Compliance with email laws (CAN-SPAM in the US, GDPR in Europe, CASL in Canada, and others)
• Any complaints or issues that arise

We're not lawyers and can't give legal advice. If you're unsure about email compliance in your jurisdiction, please consult a qualified attorney.

5.3 Email Delivery Isn't Guaranteed

WE CAN'T GUARANTEE YOUR EMAILS WILL BE DELIVERED. Email is complicated: spam filters, server issues, full inboxes. Many things can prevent delivery, and most are outside our control. We have no liability if an email doesn't arrive.

5.4 If We Get Complaints

If your recipients complain to us, we may need to suspend or close your account. You agree to handle any claims that arise from emails you send and to cover our costs if we get dragged into disputes because of your emails.

5.5 Invoice Attachments

Nüdge Theory allows you to attach files (such as PDF invoices, images, and spreadsheets) to your reminder emails. When you upload and attach a file:

• You confirm you have the right to share that file with the recipient
• You are responsible for the content of all attached files
• Files must not contain malware, viruses, or illegal content
• Attachments are subject to file size and quantity limits based on your plan

We may remove files that violate these Terms or applicable law without notice.

6. Playing Fair

Use Nüdge Theory the way it's meant to be used. Don't:

• Break any laws or violate others' rights
• Send spam or emails to people who haven't agreed to receive them
• Send harassing, threatening, or abusive content
• Try to hack, reverse-engineer, or disrupt the Service
• Use Nüdge Theory for fraud or deceptive debt collection

We can investigate misuse and take action, including terminating accounts and involving law enforcement if necessary.

7. Payment

Nüdge Theory is a paid service. A subscription is required to use the Service. Here's how billing works:

• We offer multiple subscription tiers with different feature limits. Current plans and pricing are listed on our pricing page
• Subscriptions are billed monthly or annually, depending on the option you choose at checkout
• Prices are listed in USD and don't include applicable taxes
• Payments are processed by Stripe. We do not store your payment card details; Stripe handles this securely on our behalf. We are not responsible for errors caused by the payment processor
• Fees are generally non-refundable (unless the law requires otherwise)
• We may change our pricing or plan structure. If your current plan is affected, we will notify you in advance

7.1 Cancellation

You can cancel your subscription at any time through your billing settings or by contacting us. When you cancel:

• Your subscription remains active until the end of your current billing period

8. Our Stuff

Nüdge Theory, including our code, design, content, and branding, belongs to us (or our licensors). When you use Nüdge Theory, we're giving you a limited license to use the Service for your business. That's it.

If you send us feedback or feature suggestions, we can use them freely without owing you anything. (We appreciate them though!)

9. No Warranties

Here's where we have to be direct:

Some places don't allow these limitations, so they apply to the fullest extent the law allows.

10. Limits on Our Liability

Even if something goes wrong, here's the maximum we can be held responsible for:

We know this sounds harsh, but it's standard for software services, and it's why we can offer Nüdge Theory at an accessible price. These limits are fundamental to our agreement.

11. If Something Goes Wrong

If a problem arises from your use of Nüdge Theory, whether it's a legal claim, a complaint from your client, or something else, you agree to handle it and protect us from the fallout.

Specifically, you'll indemnify and defend us (and our team) against claims arising from:

• Your use of the Service
• Your data and content
• Emails sent through your account
• Any violation of these Terms or applicable law
• Any violation of someone else's rights

If we're facing a claim because of something you did, we can take over the defense if we choose to.

12. Ending Your Account

You can leave anytime. Cancel your subscription through your billing settings or contact us.

We can end things too. We may suspend or terminate your account at any time, for any reason. If you've violated these Terms, we might not give notice and no grace period will apply.

When an account is permanently closed:

• Your access stops
• We may delete your data, including any files stored on our behalf
• The important sections of these Terms (liability limits, indemnification, dispute resolution) continue to apply

13. Changes to These Terms

We may update these Terms occasionally. When we do, we'll update the date at the top. For significant changes, we'll try to give you notice.

If you keep using Nüdge Theory after changes take effect, you're accepting the new Terms. If you disagree with changes, stop using the Service.

We can also modify, pause, or shut down parts of Nüdge Theory at any time.

14. How We Handle Disputes

14.1 Let's Talk First

Before escalating anything, please reach out to us. Most issues can be resolved with a conversation.

14.2 Arbitration

If we can't resolve things informally, disputes will be handled through binding arbitration, not court. Arbitration is faster, simpler, and more private. The arbitrator's decision is final.

14.3 No Class Actions

YOU AND WE BOTH AGREE TO BRING ANY CLAIMS ONLY INDIVIDUALLY, NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator can't combine multiple people's claims.

14.4 No Jury Trial

BOTH SIDES WAIVE THE RIGHT TO A JURY TRIAL.

14.5 Governing Law

These Terms are governed by the laws of the jurisdiction where our company is organized, without regard to conflict of law rules.

15. The Legal Bits

A few more things lawyers want us to say:

Entire Agreement. These Terms plus our Privacy Policy are the whole agreement between us.

Severability. If part of these Terms can't be enforced, the rest still applies.

No Waiver. If we don't enforce something once, that doesn't mean we've given up the right to enforce it later.

Assignment. You can't transfer your account or these Terms to someone else. We can.

Force Majeure. We're not liable for things genuinely outside our control: natural disasters, pandemics, internet outages, etc.

Notices. We can notify you by email or by posting on the Service. Make sure your contact info is current.

No Third-Party Rights. These Terms are between you and us. They don't give rights to anyone else.

16. Questions?

We're happy to help.