Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and NectaryHQ LLC ("Nectary," "we," "us"), governing your use of the Nectary platform and website (the "Service"). By creating an account or using the Service, you agree to these Terms.

1. Accounts

You must provide accurate information and are responsible for safeguarding your account credentials and for all activity under your account. You must be at least 18 years old and able to form a binding contract.

2. Acceptable use

You agree not to misuse the Service, including by: violating any law; infringing others' rights; uploading malicious code; attempting to gain unauthorized access; or using the Service to send unlawful, harassing, or unsolicited communications. You are responsible for the content and data you put into the Service and for obtaining any necessary consents (including SMS consent from your own contacts).

3. Subscriptions & billing

• Paid plans are billed in advance on a recurring basis (monthly or annually) until cancelled.
• Fees are stated at sign-up and may change with notice for future billing periods.
• Unless required by law, payments are non-refundable. You can cancel at any time; cancellation takes effect at the end of the current billing period.
• Taxes may apply and are your responsibility unless stated otherwise.

4. Your data

You retain ownership of the data and content you submit ("Your Data"). You grant us a limited license to host and process Your Data solely to provide the Service. We handle personal information per our Privacy Policy. You may export Your Data while your account is active.

5. Intellectual property

The Service, including its software, design, and the Nectary name and marks, is owned by us and protected by law. These Terms do not grant you any right to our trademarks or branding except as needed to use the Service.

6. Third-party integrations

The Service may connect to third-party tools (e.g., QuickBooks, Google Workspace, Stripe, payment and SMS providers). Your use of those services is governed by their own terms, and we are not responsible for them.

7. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

8. Limitation of liability

To the maximum extent permitted by law, NectaryHQ LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data. Our total liability for any claim will not exceed the amount you paid us for the Service in the twelve months before the claim.

9. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you breach these Terms or to protect the Service. Upon termination, your right to use the Service ends; certain provisions survive (including ownership, disclaimers, and limitation of liability).

10. Governing law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in Salt Lake County, Utah, and you consent to their jurisdiction.

11. Changes

We may update these Terms from time to time. We will post the updated version here and update the "Last updated" date. Continued use after changes means you accept the revised Terms.

12. Contact

NectaryHQ LLC, 375 West 400 North, Salt Lake City, UT 84103 · hello@nectaryhq.com