Last Updated: October 2, 2020
1. Acceptance of Use Agreement
From time to time, we may add or remove new features or improvements in our app, and if these do not materially affect your rights or obligations, we may not provide you with a notice.
Using the Service may be prohibited or restricted in certain countries. If you use the Service from countries where our services are prohibited or restricted, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.
In order to create an account or use our services, users must be at least 18 (eighteen) years of age. In addition, you represent and warrant that:
• you are at least 18 years of age;
• you can form a legally binding contract with NERVY;
• you may not use the Services if you have been convicted of a felony, have been convicted of a sex offence or crime, or any crime that involves sexual violence, or if you are required to register as a sex offender with any government entity, and/or are identified as a “Specially Designated National” (as such list may be updated from time to time, available at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx
• you may not use someone else’s account without their permission;
• in addition, you must at all times be aware of, and comply with all applicable international, national, state and/or provincial laws and regulations.
3. Sign up and Login
Users are fully responsible for maintaining their NERVY login credentials confidential, and have full responsibility for all activities that take place under their account. If you suspect a third-person has gained access to your device and/or account, immediately email us at: email@example.com.
4. Modifying the Service and Termination
NERVY may cancel your account at any given time, and without prior notice when we believe you have violated your obligations in these Terms. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may delete your Account, deactivate your membership, or put your Account on hold at any time by sending an email to us at firstname.lastname@example.org,
or via the functionality of the App; deleting your Account is your sole method of terminating this Agreement.
YOU ARE SOLELY RESPONSIBLE FOR YOUR COMMUNICATIONS AND INTERACTIONS, WHETHER OR NOT DURING MEETINGS IN-PERSON WITH OTHER USERS. YOU ACKNOWLEDGE THAT NERVY WILL NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON PERSONS THAT SUBSCRIBE TO OUR SERVICES, OR OTHERWISE MAKE INQUIRIES INTO THE BACKGROUND OF THOSE PERSONS. NERVY MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, AS TO THE CONDUCT OF USERS.
We are never responsible and waive our liability for the conduct of any user on our platform or during meetings in-person. You understand and agree at all times to use all necessary caution in interactions with other users, particularly when you communicate or meet in-person. We do not guarantee the actions of our Users. We do not guarantee matches, the frequency or quality of your matches, or the safety of your actions within the App and outside of it. You must use your own discretion, caution and judgement when using our services and interacting with and meeting other users.
You agree that you will never solicit or provide financial information, for example credit card or bank account information or crypto currency wallet addresses. It is forbidden to send to, or request money from other users.
6. User’s Rights
You agree not to:
• use our services, content and user’s information and data for any commercial purposes;
• copy, transmit, create derivative works, modify any copyrighted work, including but not limited to photos, trade- and service marks, trade names, or other intellectual property, all available through our services, without NERVY’s prior written consent;
• use any chatbot, crawler or similar technology, or any other method to access, retrieve, or data mine, or in any other technology feasible way reproduce the content and presentation;
• use our application in any manner that could lead to interference or disruption of the stability of the networks, servers and our services;
• upload viruses, worms or other harmful computer code that could have a negative effect on our systems and networks;
• modify, sublicense, translate, sell, reverse engineer and decompile any portion of our services;
• use or develop any third-party computer program that interacts with our services and/or users’ content.
7. NERVY’S Rights
By creating an account and providing your information, you grant to NERVY a worldwide, transferable, sub-licensable, royalty-free, right and license to store, use, copy, display, reproduce, edit, publish, and distribute information you authorize us to access from Facebook, as well as any information you post, upload or display in our app and send to other users.
For the purpose of preventing the unlawful use of your information and data outside our app, you authorize NERVY to represent you with respect to violations by other users or third-parties. This includes sending DMCA Takedown Notices to internet service providers, and other companies that could undo such violations.
Our license to your content is subject to your rights under applicable law and is for the purpose of developing, providing, and improving our service, and researching and developing new ones. You agree that all information that you submit to us, is accurate and truthful. By submitting user content, you: (i) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such user content to us, and (ii) grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such user content in connection with operating and providing our services to you and other users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form).
You understand and agree that we may monitor or review content you post in our app. We may delete any content that in our judgment violates these Terms or may have a negative impact on NERVY.
NERVY has the right to access, process, store and disclose your information and content in the following situations:
• we are required to do so by law;
• in the performance of this agreement with you, or to serve a legitimate interest;
• to comply with legal processes enforce this agreement with you;
• respond to claims from third parties, for example regarding content that violates their rights; for customer service purposes; or protect the legitimate interests of NERVY and its employees.
8. Community Guidelines
NERVY reserves the right to investigate and terminate your account if you have violated this Agreement or behaved inappropriately or unlawfully.
Although NERVY reserves the right to review and remove content that violates this Agreement, such content is the sole responsibility of the user who submits it, and NERVY can never guarantee that all content will comply with these Terms.
By using the Service, you agree that you will not:
• use the Service for any purpose that is illegal or prohibited by law or these Terms;
• use the Service for any harmful or unethical purposes; impersonate any person or entity or post any images of another person without his or her permission;
• bully, “stalk,” intimidate, assault, harass, mistreat or defame any individual, or post any content that promotes racism, hatred or physical harm against any group or person;
• post anything that is considered hate speech, a threat, sexually explicit material or inciting violence;
• post any content that violates or infringes anyone’s rights, including rights of publicity, privacy;
• solicit passwords or personal identifying information for unlawful or commercial purposes from other users, or share someone’s personal data without his/her explicit consent;
• use another user’s or share a NERVY account with other people, or sign up to more than one account;
• create another account if we have already irreversibly terminated your account, unless we have given you permission to subscribe again to our services.
If you choose to subscribe or make an in-app purchase, you will be directed to confirm your purchase with the chosen payment provider, after which you will be charged for the services according to the chosen plan and at the agreed price, including applicable taxes. You authorize NERVY and/or the third-party payment processor to charge you for our services, until a cancellation has been made.
Objections to these charges should be directed to your desire payment processor. You may withdraw your permission to automatic payments by communicating with your payment processor, but you are still obligated to pay us any outstanding amounts.
NERVY will retain all funds charged to until you terminate or cancel your subscription on the NERVY app or via third-party payment processors. After the termination, you may use our services until the end of the agreed period, after which your subscription will not be renewed.
If you initiate a chargeback or otherwise reverse a payment made, NERVY may terminate your account immediately in its sole discretion.
All charges we make for purchases are nonrefundable, and we never make refunds for partially used periods. We may make an exception if a refund for a subscription is requested if the laws applicable in your jurisdiction provide for such refunds.
10. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been unjustifiably copied and posted in our app in a manner that constitutes a copyright infringement, please provide us with all relevant information, a description of the copyrighted work and where the material that is infringing can be found. NERVY is committed to terminate accounts of users who violate other user’s copyrights. NERVY will terminate the accounts of repeat infringers.
Notice of claims of copyright infringement should be provided to us via mail to the following address: email@example.com, and the subject should contain in caps the following text: COPYRIGHT VIOLATION.
11. Disclaimers and Limitation of Liability
NERVY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AS PERMITTED BY THE APPLICABLE LAW. WE GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY WITH RESPECT TO THE SERVICES AND ALL CONTENT, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OBJECT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
NERVY DOES NOT REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR COMPLETELY ERROR-FREE, ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
NERVY NEVER TAKES ANY RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT WILL NERVY, ITS AFFILIATES, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INDIRECT OR DIRECT PROFITS, OR ANY LOSS OF 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) THE CONDUCT OR CONTENT OF OTHER USERS THROUGH THE USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF NERVY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL NERVY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO NERVY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
12. Applicable Law and Competent Court
This Agreement will be governed solely by the internal laws of the Province of Ontario, including applicable Canadian federal law, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The proper court in Ontario is competent to hear any claim that arises out of these Terms.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold us harmless, including our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the service, your content, or your violation of this Agreement.
14. Entire Agreement