Terms of Use

Last Modified: Oct 10, 2024

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Nula LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Nula application (“Nula”) and any websites affiliated with Nula (the “Website”), including any content, functionality, and services offered on or through Nula or the Website (collectively, the "Applications"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Applications. By using the Applications or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Mobile Application End User License Agreement (“License Agreement”), found at https://www.nula.com/eula, and our Privacy Policy, found at https://www.nula.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, the License Agreement, or the Privacy Policy, you must not access or use the Applications.

The Applications are offered and available to users who reside in the United States or any of its territories or possessions. The Applications are not offered and intended for use by individuals who are minors in the jurisdiction where they reside. By using the Applications, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Applications.

In addition to the foregoing, you represent and warrant that you have never been convicted of, or are currently pending trial for, any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and have not been and are not currently required to register as a sex offender with any government entity. Further, if you are registering with us as a Care Provider, you represent that you are legally permitted to work within the United States.

Services

The Applications provide a venue for parents and guardians of minors seeking care services (“Care Seekers”) to connect with individuals seeking to provide care services (“Care Providers”). You acknowledge and understand that: (i) Nula does not employ Care Providers and is not responsible for the conduct, whether online or offline, of any Care Provider, or other users; (ii) Care Seekers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish; (iii) Nula does not refer or recommend Care Seekers or Care Providers nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Care Providers or the integrity, responsibility or actions of Care Seekers or Care Providers; and (iv) Nula does not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Care Providers, nor do we require Care Providers to accept or work any jobs or deliver any services at all.

Care Seekers and Care Providers are solely responsible for their interactions with each other, and any other parties with whom they interact, whether online through the Applications or offline and Nula has no obligation to intercede in disputes. Care Providers and Care Seekers acknowledge that Nula will not be responsible for any liability incurred as a result of such interactions.

Background and Identity Verification Checks

Nula has no obligation to screen or verify the identity or background of Care Providers or Care Seekers. Nula does not screen, verify or monitor the credentials, training or experience of any Care Providers and does not conduct any criminal or other background checks. However, at the time a Care Seeker or Care Provider creates a profile, Nula may conduct an identification verification check through a third-party provider (Stripe) to verify the identity and registration information of the Care Seeker or Care Provider.

Care Seekers and Care Providers acknowledge and understand that you are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Care Seeker or Care Provider for yourself or your family.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them[, and apply to all access to and use of the Applications thereafter.

Your continued use of the Applications following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.

Accessing the Applications and Account Security

We reserve the right to withdraw or amend the Applications, and any service or material we provide on or through the Applications, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Applications is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Applications, or the entire of the Applications, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Applications.
• Ensuring that all persons who access the Applications through your internet connection are aware of these Terms of Use and comply with them.

To access the Applications or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Applications that all the information you provide through the Applications is correct, current, and complete. You agree that all information you provide to register with the Applications or otherwise, including, but not limited to, through the use of any interactive features in the Applications, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy, including using your information to conduct identification verification checks

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Applications or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the License Agreement.

Nula Subscription

This section only applies when you purchase and/or subscribe to the Nula Subscription. By paying the subscription fee, you gain access to the Nula Subscription during the time your subscription is valid, subject to these Terms.

All subscriptions to Nula Subscription are paid in advance. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the active period. In iTunes, you have the option to manage your subscription or turn off auto-renewal by going to your iTunes account settings after the purchase. For iPhones, you have the option to manage your subscription or turn off auto-renewal by going to your Settings. For Androids, you have the option to manage your subscription or turn off auto-renewal by going to your Google Play.

Nula also provides you with the option to start your subscription with a free trial. Any unused portion of the free trial period will be forfeited when you purchase a subscription.
You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Nula Subscription through the use of the Apple App Store, Google Play Store or any other service provider, using in-app purchases, you can only cancel your subscription through the use of their services.

You may at any time terminate your membership, in which case your membership will still be valid for the subscription time you have already paid for. If you have subscribed to Nula Subscription through the use of the Apple App Store, Google Play Store or any other service provider, using in-app purchases, you can only cancel your subscription through the use of their services.

Subscription fees can be found in the mobile applications. Nula reserves the right to change the subscription fees from time to time. Nula will never be held responsible for accidental purchases of a subscription. Default in payment shall not be deemed as a termination of a Nula subscription.

All payments handled by Apple, such as in-app purchases, can only be refunded by Apple and with Apple’s consent. If you would like to contact Apple, please click here.

Intellectual Property Rights

The Applications and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Applications for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Applications, except as follows:

• Your personal computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser or personal device for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Applications for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• You may download a single copy to your computer or mobile device solely for your own personal use, provided you agree to be bound by the License Agreement.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
• You may print, copy, modify, download, or otherwise use any User Contributions (defined below) that you create or that are provided to you through the Applications.

You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Applications.

If you wish to make any use of material on the Applications other than that set out in this section, please address your request to: support@nula.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Applications in breach of theset Terms of Use, your right to use the Applications will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Applications or any content on the Applications is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Applications not expressly permitted by these Terms of Use or the License Agreement is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Nula, and The Ultimate Babysitting App, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Applications are the trademarks of their respective owners.

Prohibited Uses

You may use the Applications only for lawful purposes and in accordance with these Terms of Use and the License Agreement. You agree not to use the Applications:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material resembling "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Applications, or which, as determined by us, may harm the Company or users of the Applications, or expose them to liability.

Additionally, you agree not to:

• Use the Applications in any manner that could disable, overburden, damage, or impair the Applications or interfere with any other party's use of the Applications, including their ability to engage in real time activities through the Applications.
• Use any robot, spider, or other automatic device, process, or means to access the Applications for any purpose, including monitoring or copying any of the material on the Applications.
• Use any manual process to monitor or copy any of the material on the Applications, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Applications.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Applications, the server on which the Applications are stored, or any server, computer, or database connected to the Applications.
• Attack the Applications via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Applications.

User Contributions

The Applications may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, messaging functions, appointment coordination functions, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content, information, or materials (collectively, "User Contributions") on or through the Applications.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Applications will be considered non-confidential and non-proprietary. By providing any User Contribution to the Applications, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Applications.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the License Agreement or Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Applications or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Applications.
• Terminate or suspend your access to all or part of the Applications for any or no reason, including without limitation, any violation of these Terms of Use or the License Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Applications. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted through the Applications, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use, the License Agreement, or our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at support@nula.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Applications is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Applications, or by anyone who may be informed of any of its contents.

The Applications include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials ehdo not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Applications

We may update the content on the Applications from time to time, but that content is not necessarily complete or up-to-date. Any of the material on the Applications may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Use of the Applications

All information we collect through the Applications is subject to our Privacy Policy. By using the Applications, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Payment for Services

All services and payments coordinated through the Applications are conducted at the risk of the users. Company does not review users as they create accounts through or use the Applications and cannot ensure the reliability of any user of the Applications. Company assumes no liability for any services or payments coordinated through the Applications. We have no liability or responsibility to anyone for the performance or nonperformance of payments agreed to by users.

Linking to the Applications and Social Media Features

You may link to the Applications, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Applications may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Applications.
• Send emails or other communications with certain content, or links to certain content, through the Applications.
• Cause limited portions of content on the Applications to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not take any action with respect to the materials on the Applications that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking, or framing or linking that we object to, immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Applications

If the Applications contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Applications, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Applications is based in the Commonwealth of Massachusetts in the United States. We provide the Applications for use only by persons located in the United States. We make no claims that the Applications or any of its content is accessible or appropriate outside of the United States. Access to the Applications may not be legal by certain persons or in certain countries. If you access the Applications from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Applications for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APPLICATIONS, THEIR CONTENT AND SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS IS AT YOUR OWN RISK. THE APPLICATIONS, THEIR CONTENTAND SERVICES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATIONS, THEIR CONTENT OR SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPPLICATIONS OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATIONS, THEIR CONTENT OR SERVICES, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATIONS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE IDENTITY, QUALIFICATIONS, TRAINING, RELIABILITY, SUITABILITY, CHARACTER, OR BACKGROUND OF ANY CARE SEEKER OR CARE PROVIDER. CARE SEEKERS AND CARE PROVIDERS ARE REQUIRED TO CONFIRM AND POLICE THE IDENTITY, QUALIFICATIONS, TRAINING, RELIABILITY, SUITABILITY, CHARACTER, AND BACKGROUND OF THE PARTY/IES WITH WHOM THEY COMMUNICATE AND/OR CONTRACT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATIONS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATIONS OR SUCH OTHER WEBSITES, AND ANY CARE SEEKERS OR CARE PROVIDERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PAYMENT(S), LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Applications, including, but not limited to, your User Contributions, any use of the Applications’ content, services, and products other than as expressly authorized in these Terms of Use and the License Agreement, or your use of any information obtained from the Applications.

Governing Law and Jurisdiction

All matters relating to the Applications and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Applications shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Applications, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, our Privacy Policy, and the License Agreement constitute the sole and entire agreement between you and Nula LLC regarding the Applications and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Applications.

Your Comments and Concerns

The Applications are operated by Nula LLC, 57 Chapel Street, Suite 200, Newton, MA 02458, USA.

All notices of copyright infringement claims should be sent to support@nula.com.

All other feedback, comments, requests for technical support, and other communications relating to the Applications should be directed to: support@nula.com.