Terms of Service

Effective Date: October 26, 2023

Welcome to nimbz.xyz. These Terms of Service ("Terms") govern your access to and use of the nimbz.xyz website and any related services, features, content, or applications offered by nimbz.xyz (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to access or use the Service.

1. Acceptance of Terms

The Service is provided by nimbz.xyz ("we," "us," or "our"). By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and nimbz.xyz.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Effective Date" above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding agreement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] upon becoming aware of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any resale or commercial use of the Service or its contents.

2.4 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating other users.
• Interfering with or disrupting the integrity or performance of the Service or the data contained therein.
• Attempting to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Reverse engineering, decompiling, or disassembling any portion of the Service.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Collecting or harvesting any personally identifiable information from the Service.
• Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you violate any of these prohibitions.

3. User Responsibilities

3.1 User Content

You are solely responsible for any data, information, text, graphics, or other materials ("User Content") that you upload, post, transmit, or otherwise make available through the Service. You retain ownership of your User Content, but you grant nimbz.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business.

You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party.

3.2 Compliance

You are responsible for complying with all applicable laws and regulations related to your use of the Service, including laws regarding online conduct and acceptable content.

3.3 Security

You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of nimbz.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both 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 nimbz.xyz.

You acknowledge that the Service may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIMBZ.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED