1. Acceptance of Terms
By accessing or using NimbleBrain ("the Service") provided by NimbleBrain, Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
NimbleBrain is a conversational automation platform that enables teams to build, deploy, and manage AI-powered workflows through natural language. Key features include:
- Conversational workflow builder powered by Nira, our AI assistant
- Pre-built connectors to 100+ business applications
- Team workspaces with secure collaboration
- Automated reporting, alerts, and monitoring
- Enterprise security and authentication
Third-Party Integrations
The Service includes connectors and integrations with third-party services. Your use of these integrations is subject to the terms and policies of those third-party providers. We are not responsible for the availability, accuracy, or content of third-party services, and we make no warranties regarding their performance or compatibility.
3. User Accounts and Registration
To use the Service, you must:
- Create an account with accurate information
- Be at least 18 years old
- Have authority to enter into this agreement
- Maintain the confidentiality of your account credentials
- Notify us immediately of any unauthorized access
You are responsible for all activities that occur under your account.
4. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Distribute malware, viruses, or harmful code
- Attempt to gain unauthorized access to systems
- Interfere with or disrupt the Service
- Use the Service for illegal or harmful activities
- Reverse engineer or attempt to extract source code
- Exceed rate limits or usage quotas
5. Subscription Plans and Billing
Plan Types
We offer the following subscription plans:
- Starter: Core features for individuals and small teams
- Business: Advanced features for growing organizations
Billing Terms
- Subscription fees are billed monthly or annually in advance
- All fees are non-refundable unless required by law
- We may change pricing with 30 days' notice
- Unpaid accounts may be suspended or terminated
- Usage overages will be billed at standard rates
6. Data and Privacy
Our handling of your data is governed by our Privacy Policy. By using the Service, you agree to our data practices as described in the Privacy Policy.
Your Data
- You retain ownership of your data
- We may process your data to provide the Service
- You are responsible for the legality of your data
- We implement security measures to protect your data
7. Intellectual Property
Our Rights
The Service, including all software, designs, text, graphics, and other materials, is owned by us or our licensors and is protected by intellectual property laws.
Your Rights
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for your business purposes.
Feedback
Any feedback or suggestions you provide about the Service may be used by us without restriction or compensation.
Trademarks
"NimbleBrain," "Nira," and "Deep Agent" are trademarks of NimbleBrain, Inc. "Deep Agent" is a trademark pending registration with the U.S. Patent and Trademark Office (Serial No. 98744730).
You may not use our trademarks without our prior written consent, except as permitted by applicable trademark law. Any permitted use must comply with our trademark usage guidelines.
8. Service Level Agreement (SLA)
We strive to maintain high availability and performance. Uptime commitments vary by plan and are detailed in your subscription agreement.
SLA Exclusions
The following are not counted against uptime calculations:
- Scheduled maintenance windows with advance notice
- Outages caused by third-party infrastructure providers (including cloud hosting, DNS, and CDN services)
- Failures of third-party integrations or connectors
- Issues caused by your actions or systems outside our control
- Force majeure events
SLA Credits
If we fail to meet the uptime commitment for your plan due to issues within our control, you may be eligible for service credits:
- Credits are calculated as a percentage of your monthly fee for the affected period
- Maximum credit per billing period: 25% of monthly fee
- Credits must be requested within 7 days of the incident by emailing support@nimblebrain.ai
- Credits apply to future invoices only and have no cash value
9. Support and Maintenance
Support levels vary by plan:
- Starter: Email support during business hours
- Business: Priority support with faster response times
We may perform scheduled maintenance with advance notice.
10. Termination
By You
You may terminate your account at any time by:
- Using the account deletion feature
- Contacting our support team
- Canceling your subscription
By Us
We may suspend or terminate your access if you:
- Violate these Terms
- Fail to pay fees
- Engage in prohibited activities
- Present a security risk
Effect of Termination
Upon termination:
- Your access to the Service will cease
- Your data may be deleted after 30 days
- Outstanding fees remain due
- These Terms will survive where applicable
11. Disclaimers and Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
13. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of applicable laws
- Your infringement of third-party rights
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Informal Resolution First
Before filing any formal dispute, you agree to contact us at legal@nimblebrain.ai and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.
Binding Arbitration
If informal resolution fails, any dispute arising from these Terms or the Service will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in Delaware, or another mutually agreed location.
Arbitration Fees
Each party will bear its own arbitration costs and attorney's fees, unless the arbitrator determines that a claim was frivolous, in which case the losing party will pay the prevailing party's reasonable costs.
Class Action Waiver
YOU AND NIMBLEBRAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions
Either party may bring claims in small claims court if eligible. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.
15. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting updated Terms on our website
- Sending email notification
- Updating the "Last updated" date
Continued use of the Service after changes constitutes acceptance of the new Terms.
16. Miscellaneous
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and us.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
Assignment
We may assign these Terms without your consent. You may not assign your rights without our written consent.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control.
17. Contact Information
For questions about these Terms, please contact us:
Email: legal@nimblebrain.ai
Support: support@nimblebrain.ai
Address:
NimbleBrain, Inc.
1151 Walker Rd Ste 100 #191
Dover, DE 19904
United States