1. Acceptance of Terms
These Terms of Service ("Terms") are a legal agreement between you and Nesteye, Inc. ("Nesteye," "we," "us," or "our"), a Delaware corporation headquartered in Austin, Texas. By accessing or using nesteye.ai (the "Website") you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Website.
2. Scope
These Terms govern your use of the Website only. Use of Nesteye's hardware, software, dashboards, or Edge AI Services is governed by a separate pilot agreement, master services agreement, or end user license agreement, which prevail over these Terms if there is any conflict.
3. Use of the Website
You agree not to:
- Use the Website in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to any portion of the Website or related systems.
- Probe, scan, or test the vulnerability of the Website without our prior written consent.
- Use any automated means (bots, scrapers, crawlers) to collect information from the Website except for well-behaved search engine indexing.
- Interfere with or disrupt the Website or networks connected to it.
- Use the Website to send unsolicited commercial communications.
- Reverse engineer or attempt to derive the source code of any software made available through the Website.
4. Intellectual Property
The Website, including text, graphics, logos, the Nesteye name and mark, photographs, source code, and the look and feel, is owned by Nesteye or its licensors and protected by copyright, trademark, and other intellectual property laws. You may view and use the Website for your personal, non-commercial reference. No other rights are granted to you by implication, estoppel, or otherwise.
5. Submissions and Feedback
If you submit ideas, suggestions, or feedback through the Website or by email, you grant Nesteye a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, modify, and incorporate that feedback in any product or service, without obligation to you. Do not send us any information you consider confidential through the contact form.
6. Third-Party Links
The Website may link to third-party websites or resources. We are not responsible for the content, accuracy, or practices of any third-party site and do not endorse them. Use of third-party sites is at your own risk and subject to the terms of those sites.
7. Disclaimers
The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Nesteye disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.
Nesteye does not warrant that the Website will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected. Content on the Website is provided for general informational purposes only and should not be relied upon as veterinary, agricultural, financial, legal, or other professional advice.
8. Limitation of Liability
To the maximum extent permitted by law, in no event will Nesteye, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising from or related to your use of the Website, even if Nesteye has been advised of the possibility of such damages.
In no event will Nesteye's aggregate liability arising out of or related to these Terms or the Website exceed one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the foregoing may not apply to you.
9. Indemnification
You agree to defend, indemnify, and hold harmless Nesteye and its officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your violation of these Terms or your misuse of the Website.
10. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes will be communicated by a notice on the Website. Your continued use of the Website after a change takes effect constitutes acceptance of the updated Terms.
11. Termination
We may suspend or terminate your access to the Website at any time, with or without notice, for any reason, including any violation of these Terms. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Any dispute arising out of or related to these Terms or the Website will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. Miscellaneous
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Nesteye regarding the Website.
- Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to Nesteye must be sent to team@nesteye.ai.
14. Contact Us
For questions about these Terms, get in touch with us.