Terms and Conditions

Last Updated: January 18, 2024

Company: Nautilus Incorporated, 20 Wenlock Rd, London N1 7GU, United Kingdom

1. Our Services

The Services are not tailored to comply with industry-specific regulations such as HIPAA (Health Insurance Portability and Accountability Act) or FISMA (Federal Information Security Management Act). Users cannot use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) regulations.

2. Intellectual Property Rights

The Company owns all content, source code, designs, and marks associated with the Services. Users are granted a non-exclusive, non-transferable license for personal, non-commercial use only.

"No part of the Services and no Content or Marks may be copied, reproduced, sold, licensed, or otherwise exploited for any commercial purpose without express written permission."

3. User Representations

By using the Services, you represent and warrant that:

All registration information you submit is true, accurate, current, and complete
You have the legal capacity and agree to comply with these Terms
You are at least 13 years of age
You will not access the Services through automated or non-human means
You will not use the Services for any illegal or unauthorized purpose
Your use of the Services will comply with all applicable laws and regulations

4. User Registration

You are responsible for maintaining the confidentiality of your password and account security. The Company reserves the right to reclaim usernames that are deemed inappropriate or violate our guidelines.

5. Purchases and Payment

We accept the following payment methods:

Visa
Mastercard
American Express
PayPal

All charges are processed in USD. The Company reserves the right to refuse any order or limit quantities at our sole discretion.

6. Cancellation

Subscriptions may be cancelled at any time by contacting us at legal@lingonaut.app. Cancellation will take effect at the end of the current paid billing term.

7. Software

Any software provided in connection with the Services is provided on an "AS IS" basis without warranties of any kind. You accept all risks associated with the use of the software, including any impact on the performance of your device or system.

8. Prohibited Activities

You may not engage in any of the following activities:

Systematically retrieve data or content to create a collection, compilation, database, or directory
Trick, defraud, or mislead us or other users
Circumvent, disable, or interfere with security-related features
Harass, abuse, or harm another person
Use any information obtained from the Services to harass or harm others
Upload or transmit viruses, Trojan horses, or other malicious code
Engage in automated use of the system, such as scraping or data mining
Impersonate another user or person
Use the Services for any commercial competitive purpose

9. User Generated Contributions

When you create or make available any contributions, you represent and warrant that:

Your contributions do not infringe any third-party proprietary rights
Your contributions do not contain false, inaccurate, or misleading information
Your contributions are not obscene, lewd, violent, harassing, or otherwise objectionable
Your contributions comply with all applicable laws and regulations

10. Contribution Licence

"By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions."

This licence includes the right to use your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

11. Mobile Application Licence

The licence granted to you for our mobile application is non-transferable and limited to use on your own devices. You may not:

Decompile, reverse engineer, disassemble, or attempt to derive the source code
Make any modification, adaptation, improvement, or derivative work
Use the application in a manner that could compete with or provide similar services
Use the application for any revenue-generating endeavour

12. Social Media

By linking third-party social media accounts to the Services, you permit us to access certain information from those accounts, including your email address and contacts. We use this information solely for user identification and service improvement purposes.

13. Third-Party Websites and Content

The Services may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by the use of such third-party content.

14. Services Management

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Terms
Take appropriate legal action against anyone who violates these Terms
Remove or refuse any content that violates these Terms or is otherwise objectionable
Disable access for users who violate these Terms
Otherwise manage the Services to protect our rights and property

15. Privacy Policy

The Services are hosted in the United Kingdom. By using the Services, you consent to the transfer of your data to the UK. We are bound by our posted Privacy Policy, which forms part of these Terms. We comply with COPPA (Children's Online Privacy Protection Act) and do not knowingly collect personal information from children under 13 years of age.

16. Copyright Infringements

If you believe that any content on the Services infringes your copyright, please notify us immediately. We will forward the notification to the party who posted the content and may take appropriate action, including removal of the infringing content.

17. Term and Termination

"WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (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 OR OF ANY APPLICABLE LAW OR REGULATION."

We may terminate your use of the Services or delete your account and any content or information without warning, at our sole discretion.

18. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on the Services.

"We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors."

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, specifically the laws of England and Wales. The UN Convention on Contracts for the International Sale of Goods is expressly excluded. If you are a consumer residing in the European Union, you will benefit from any mandatory provisions of the law of your country of residence.

20. Dispute Resolution

Informal Negotiations: Before initiating arbitration, both parties agree to attempt to resolve any dispute informally for at least 30 days.

Binding Arbitration: Any dispute that cannot be resolved informally shall be submitted to binding arbitration through the European Court of Arbitration. The arbitration shall be conducted by a single arbitrator, seated in London, and proceedings shall be conducted in English under UK substantive law.

Exceptions: The following disputes are not subject to arbitration and may be brought directly to court: intellectual property disputes, theft or piracy claims, and requests for injunctive relief.

21. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

22. Disclaimer

"THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT."

We make no warranties or representations about the accuracy or completeness of the Services' content or the content of any websites linked to the Services. We assume no liability for:

Errors, mistakes, or inaccuracies of content
Personal injury or property damage resulting from your access to the Services
Unauthorized access to our servers and/or any personal information stored therein
Interruption or cessation of transmission to or from the Services
Bugs, viruses, or similar harmful code transmitted through the Services
Any errors or omissions in any content or for any loss or damage incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through the Services

23. Limitations of Liability

"IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING."

24. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our 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:

Your Contributions
Use of the Services
Breach of these Terms
Any breach of your representations and warranties set forth in these Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any overt harmful act toward any other user of the Services

25. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform 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 Services.

"You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data."

26. Electronic Communications, Transactions, and Signatures

"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 SERVICES."

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.

27. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

California Department of Consumer Affairs

1625 North Market Blvd., Suite N 112

Sacramento, CA 95834

Phone: (800) 952-5210

28. Miscellaneous

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms 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 us as a result of these Terms or use of the Services.

29. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Nautilus Incorporated

20 Wenlock Rd, London N1 7GU, UK

legal@lingonaut.app