Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at nurge.sh, any related documentation, downloads, software, integrations, and related services made available by Nurge (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" will refer to both you and that organization.

You may use the Services only if you are legally capable of entering into a binding agreement and your use of the Services is not prohibited under applicable law. You are responsible for ensuring that all users accessing the Services through your account or workspace are authorized to do so and comply with these Terms.

We may modify the Services, discontinue features, or update these Terms from time to time. If we make material changes to these Terms, we will post the updated version on this page and update the "Last updated" date above. By continuing to use the Services after revised Terms become effective, you agree to the updated Terms.

Certain features may require an account, installation, workspace, or connection to third-party tools. You are responsible for maintaining the confidentiality of your credentials, protecting access to your systems, and promptly notifying us of any suspected unauthorized use or security incident involving the Services.

You remain responsible for all activities occurring through your account, workspace, integrations, or environment, whether authorized by you or not, unless caused by our breach of these Terms or applicable law.

You shall not, and shall not permit any third party to, use the Services to:

• violate any applicable law, regulation, or third-party right, including data protection, privacy, intellectual property, employment, consumer protection, and anti-spam laws;
• send unlawful, deceptive, harassing, fraudulent, or unsolicited communications, or process personal data without an appropriate lawful basis, required notices, or required consents;
• upload, transmit, or enable malware, malicious code, or other harmful material;
• interfere with or disrupt the integrity, performance, or security of the Services or any third-party system;
• gain unauthorized access to the Services or any related systems, accounts, or data;
• copy, modify, reverse engineer, decompile, or create derivative works of the Services except to the extent such restriction is prohibited by law; or
• use the Services in any manner that could reasonably be expected to create liability for Nurge or its service providers.

You are solely responsible for the legality, accuracy, quality, and appropriateness of your outbound activity, contact lists, prompts, customer data, and instructions.

As between the parties, you retain all rights in the data, content, prompts, records, files, and other materials that you submit to or through the Services ("Customer Data"). You grant Nurge a limited, non-exclusive right to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to provide, secure, maintain, and improve the Services and to comply with law.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to provide Customer Data to us and to instruct us to process it on your behalf in connection with the Services.

The Services may incorporate AI-assisted features, third-party data sources, email providers, CRMs, and other external systems. Outputs generated or suggested by the Services may be incomplete, inaccurate, offensive, or unsuitable for your intended purpose. You are solely responsible for reviewing, validating, and approving all outputs, communications, and operational decisions before use.

The Services are provided as a productivity tool and are not legal, compliance, tax, accounting, or other professional advice. Your use of third-party services remains subject to those third parties' own terms, policies, and technical limitations.

Nurge and its licensors retain all right, title, and interest in and to the Services, including all software, technology, trademarks, designs, documentation, and related intellectual property rights. Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

If you provide feedback, suggestions, or ideas relating to the Services, you grant Nurge a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback without restriction or obligation to you.

If we offer paid plans or features, the applicable pricing, billing terms, and payment obligations will be presented at the time of purchase or in an order form or other written agreement. Unless expressly stated otherwise, fees are non-refundable.

We may change, suspend, or discontinue the Services or any feature at any time, with or without notice. Certain features may be labeled as alpha, beta, preview, or experimental and may be modified, unstable, or discontinued at any time.

We may suspend or limit access to the Services if we reasonably believe that doing so is necessary to protect the Services, enforce these Terms, respond to security concerns, prevent unlawful conduct, or avoid harm to Nurge, our users, or third parties.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NURGE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NURGE AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NURGE AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO NURGE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

You will defend, indemnify, and hold harmless Nurge and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your Customer Data, your use of the Services, your breach of these Terms, or your violation of applicable law or any third-party right.

You may stop using the Services at any time. We may terminate or suspend your access to the Services at any time if you breach these Terms or if we reasonably believe your use of the Services creates legal, security, or operational risk.

Upon termination, your right to use the Services will cease immediately, but any provisions of these Terms that by their nature should survive termination will survive, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute-related matters.

These Terms, together with any applicable order form or separate written agreement between you and Nurge, constitute the complete and exclusive agreement between the parties regarding the Services and supersede prior or contemporaneous understandings on that subject.

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. Nurge's failure to enforce any provision is not a waiver of its right to do so later. You may not assign these Terms without our prior written consent. Nurge may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Before filing a formal legal claim, we ask that you first contact us at support@nurge.sh so that we can attempt to resolve the issue informally.