Terms & Conditions:
TERMS AND CONDITIONS
Effective Date: December 18, 2024
Last Updated: December 18, 2024
TABLE OF CONTENTS
- Agreement to Terms
- Changes to These Terms
- Who May Use Our Services
- Privacy and Data Protection
- Your Account and Responsibilities
- Intellectual Property Rights
- User Content and Submissions
- Prohibited Activities
- Third-Party Links and Services
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Dispute Resolution and Arbitration
- Governing Law
- Termination
- General Provisions
- Contact Information
1. AGREEMENT TO TERMS
Welcome to Nuzzely ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website at www.nuzzely.com (the "Site") and any related services, features, or content we provide (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.
These Terms constitute a legally binding agreement between you and Nuzzely. Please read them carefully.
2. CHANGES TO THESE TERMS
We reserve the right to modify these Terms at any time. When we make changes, we will:
- Update the "Last Updated" date at the top of this page
- Provide notice of material changes by posting an announcement on our Site
- Where possible, provide advance notice of changes
Your continued use of our Services after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
3. WHO MAY USE OUR SERVICES
3.1 Age Requirements
You must be at least 13 years old to use our Services.
If you are between 13 and 18 years old (or the age of legal majority in your jurisdiction), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
By using our Services, you represent and warrant that:
- You are at least 13 years old
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
3.2 Parental Consent
If you are a parent or legal guardian allowing a minor to use our Services, you agree to:
- Supervise the minor's use of our Services
- Accept full responsibility for their actions
- Be bound by these Terms on behalf of the minor
We recommend parents use parental control tools to monitor and restrict minors' internet access.
4. PRIVACY AND DATA PROTECTION
Your privacy is important to us. Our Privacy Policy, available at www.nuzzely.com/privacy, explains:
- What information we collect from you
- How we use and protect your information
- Your rights regarding your personal data
- How we handle cookies and tracking technologies
By using our Services, you consent to our collection and use of your information as described in our Privacy Policy.
Please note:
- We do not guarantee the security of any information you transmit to us
- You are responsible for maintaining the confidentiality of your account information
- We may disclose your information if required by law or to protect our rights
5. YOUR ACCOUNT AND RESPONSIBILITIES
5.1 Account Creation
When you create an account with us:
- You must provide accurate, complete, and current information
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
5.2 Account Security
You agree to:
- Use a strong, unique password
- Not share your account credentials with others
- Log out of your account at the end of each session
- Take reasonable precautions to protect your account
We are not liable for any loss or damage arising from your failure to protect your account information.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our Content
All content on our Site, including but not limited to:
- Text, graphics, images, logos, and photographs
- Videos, audio clips, and multimedia content
- Product descriptions and designs
- Software, code, and website design
- Trademarks, service marks, and brand names
(collectively, "Nuzzely Content") is owned by or licensed to Nuzzely and is protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use our Services for personal, non-commercial purposes
- View and print Nuzzely Content solely for your personal use
6.3 Restrictions
You may NOT:
- Reproduce, distribute, modify, or create derivative works of Nuzzely Content
- Use Nuzzely Content for commercial purposes without our written permission
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices
- Frame, mirror, or deep-link to our Site without authorization
- Use automated tools (bots, scrapers, spiders) to access our Services
- Reverse engineer, decompile, or disassemble any part of our Services
Unauthorized use of Nuzzely Content may violate copyright, trademark, and other laws and could result in criminal or civil penalties.
7. USER CONTENT AND SUBMISSIONS
7.1 Your Content
Our Services may allow you to submit, post, or transmit content, including:
- Product reviews and ratings
- Comments and feedback
- Photos and videos
- Questions and answers
- Messages and communications
(collectively, "User Content")
7.2 License to Your Content
By submitting User Content to our Services, you grant Nuzzely a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:
- Use, reproduce, distribute, modify, adapt, and publicly display your User Content
- Create derivative works based on your User Content
- Use your User Content for any purpose, including commercial, advertising, and promotional purposes
- Sublicense these rights to third parties
In simple terms: Once you submit content to us, we can use it however we want, anywhere in the world, forever, without paying you.
You will not be compensated for any use of your User Content.
7.3 Your Responsibilities
By submitting User Content, you represent and warrant that:
- You own or have the necessary rights to submit the User Content
- Your User Content is accurate and truthful
- Your User Content does not violate any third-party rights (copyright, trademark, privacy, publicity)
- Your User Content complies with these Terms and all applicable laws
7.4 Content We May Remove
We reserve the right (but have no obligation) to monitor, edit, or remove any User Content that:
- Violates these Terms
- Is illegal, offensive, defamatory, or harmful
- Infringes on intellectual property rights
- Contains personal information (yours or others')
- Is spam, advertising, or promotional material
- Is otherwise objectionable (as determined by us in our sole discretion)
7.5 Privacy Warning
Do not include personal information (names, addresses, phone numbers, email addresses) in User Content that will be publicly visible.
We are not responsible for any consequences resulting from information you choose to make public.
8. PROHIBITED ACTIVITIES
When using our Services, you agree NOT to:
Regarding Your Conduct:
- Impersonate any person or entity, including Nuzzely employees or representatives
- Create false or misleading identities
- Harass, threaten, intimidate, or harm other users
- Post false, misleading, defamatory, or offensive content
Regarding Commercial Activities:
- Use our Services for unauthorized advertising or solicitation
- Sell, resell, or commercially exploit our Services without permission
- Collect user information for commercial purposes
Regarding Technical Activities:
- Hack, disable, or interfere with our Services or servers
- Use bots, scrapers, or automated tools to access our Services
- Transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems or user accounts
- Circumvent any security features or access controls
Regarding Legal Compliance:
- Violate any applicable local, state, national, or international law
- Infringe on intellectual property rights
- Violate privacy or data protection laws
Violation of these prohibitions may result in immediate termination of your account and legal action.
9. THIRD-PARTY LINKS AND SERVICES
9.1 External Links
Our Services may contain links to third-party websites, services, or resources (e.g., payment processors, social media platforms, shipping carriers).
We do not control, endorse, or assume responsibility for any third-party content, services, or websites.
9.2 Your Risk
When you access third-party links:
- You do so at your own risk
- You should review the third party's terms and privacy policies
- We are not liable for any harm or damages related to third-party services
9.3 Social Media
If you interact with us on social media platforms (Instagram, Facebook, TikTok), those interactions are also governed by the platform's own terms and policies.
10. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW:
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Merchantability – We do not warrant that products are suitable for any particular purpose
- Fitness for a Particular Purpose – We do not guarantee products will meet your specific needs
- Non-Infringement – We do not guarantee our Services don't infringe third-party rights
- Accuracy – We do not guarantee that product descriptions, pricing, or content is error-free
- Availability – We do not guarantee uninterrupted or error-free access to our Services
- Security – We do not guarantee that our Services are secure or free from viruses
WE DO NOT WARRANT THAT:
- Our Services will meet your requirements
- Our Services will be uninterrupted, timely, secure, or error-free
- Results obtained from our Services will be accurate or reliable
- Defects will be corrected
YOU USE OUR SERVICES AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW:
NUZZELY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Lost profits or revenue
- Loss of data
- Loss of business or opportunity
- Personal injury or property damage
- Emotional distress
ARISING FROM OR RELATED TO:
- Your use of or inability to use our Services
- Any products purchased through our Services
- Any content obtained from our Services
- Unauthorized access to your account or data
- Any conduct or content of third parties
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Maximum Liability Cap
In no event will our total liability to you for all claims arising from or related to our Services exceed the greater of:
- The amount you paid us in the 12 months before the claim arose, OR
- 100 EUR
Essential Terms
You acknowledge that:
- These limitations of liability are essential to our agreement
- We would not provide our Services without these limitations
- These limitations apply regardless of the legal theory (contract, tort, negligence, strict liability)
Exception for Certain Jurisdictions
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: These limitations of liability do not apply to residents of New Jersey to the extent prohibited by New Jersey law.
Some jurisdictions do not allow limitation of liability for incidental or consequential damages, so these limitations may not apply to you.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nuzzely and its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all:
- Claims, demands, and causes of action
- Losses, damages, and liabilities
- Costs and expenses (including reasonable attorneys' fees)
Arising from or related to:
- Your use of our Services
- Your violation of these Terms
- Your violation of any law or regulation
- Your User Content
- Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
- Your negligence or willful misconduct
Our Rights
We reserve the right, at our own expense, to:
- Assume the exclusive defense and control of any matter subject to indemnification
- Require your cooperation in defending such claims
You may not settle any claim that affects our rights or obligations without our prior written consent.
13. DISPUTE RESOLUTION AND ARBITRATION
IMPORTANT – PLEASE READ CAREFULLY
THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.
13.1 Informal Resolution
Before filing any formal dispute, you agree to contact us and attempt to resolve the issue informally by sending a written description of your dispute to:
Email: hello@nuzzely.com
Subject Line: "Legal Dispute Notice"
We will attempt to resolve the dispute informally within 60 days. If we cannot resolve it within 60 days, either party may proceed to arbitration.
13.2 Binding Arbitration
YOU AND NUZZELY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT.
What is Arbitration?
Arbitration is a form of private dispute resolution where a neutral third party (arbitrator) decides the dispute instead of a judge or jury.
Arbitration Rules:
- Arbitration will be administered by a recognized arbitration organization
- Arbitration will be conducted in accordance with their commercial arbitration rules
- The arbitration will take place in the Netherlands (or your country of residence, if within the EU)
- The arbitrator's decision is final and binding
- The arbitrator's decision can be enforced in any court with jurisdiction
Costs:
- Each party is responsible for their own attorneys' fees
- We will pay arbitration fees if required by law
- If you cannot afford arbitration fees, we will pay them if you provide proof of financial hardship
13.3 Class Action Waiver
YOU AND NUZZELY 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 CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
This means:
- No class action lawsuits
- No class arbitrations
- No consolidated proceedings
- No representative actions
Unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person's claims.
13.4 What You're Waiving
BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO:
- Have a dispute heard in court
- Have a dispute decided by a jury
- Participate in a class action lawsuit
- Certain discovery rights available in court
13.5 Time Limit for Claims
Any claim arising from or related to these Terms or our Services must be filed within ONE (1) YEAR after the claim arose. Otherwise, the claim is permanently barred.
13.6 Exceptions to Arbitration
The following disputes are NOT subject to arbitration:
- Small claims court actions (if they qualify)
- Intellectual property disputes (copyright, trademark infringement)
- Requests for injunctive relief to stop unauthorized use or abuse of our Services
13.7 Severability
If any part of this arbitration agreement is found to be invalid or unenforceable, the remainder will continue to apply, except:
- If the class action waiver is found invalid, the entire arbitration agreement is void
- In that case, the dispute will proceed in court
13.8 Notice for New Jersey Residents
LEGAL NOTICE FOR NEW JERSEY RESIDENTS: The provisions limiting the time to bring claims do not apply to New Jersey residents to the extent prohibited by New Jersey law.
14. GOVERNING LAW
14.1 Applicable Law
These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
If you are located in the European Union, you also benefit from any mandatory provisions of consumer protection law in your country of residence.
14.2 Jurisdiction
For any disputes not subject to arbitration (see Section 13), you agree to submit to the exclusive jurisdiction of the courts located in the Netherlands.
14.3 European Consumers
If you are a European consumer, nothing in these Terms affects your rights under mandatory local consumer protection laws, and you may bring proceedings in the courts of your country of residence.
15. TERMINATION
15.1 Termination by You
You may stop using our Services at any time. If you wish to delete your account, please contact us at hello@nuzzely.com.
15.2 Termination by Us
We may, at our sole discretion, suspend or terminate your access to our Services at any time, with or without notice, for any reason, including:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Requests by law enforcement or government agencies
- Technical or security issues
- Discontinuance or material modification of our Services
15.3 Effect of Termination
Upon termination:
- Your right to use our Services immediately ceases
- We may delete your account and content
- Outstanding obligations (payments, indemnification) survive termination
- Sections that by their nature should survive (intellectual property, disclaimers, limitations of liability, dispute resolution) continue to apply
15.4 No Refunds
Except as required by law, we do not provide refunds for termination of your account.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Nuzzely regarding our Services and supersede all prior agreements.
16.2 No Waiver
Our failure to enforce any provision of these Terms does not waive our right to enforce it later. Any waiver must be in writing and signed by us.
16.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
16.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms at any time without notice to you.
16.5 No Partnership
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Nuzzely.
16.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, internet failures, or government actions.
16.7 Language
These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.
16.8 Notices
Notices to You:
We may provide notices to you via email (to the address associated with your account), by posting on our Site, or through our Services. You consent to receive notices electronically.
Notices to Us:
You may contact us at hello@nuzzely.com
16.9 Export Controls
You may not use or export any content from our Services in violation of export control laws and regulations. You represent that you are not:
- Located in a country subject to a U.S. government embargo
- Listed on any U.S. government list of prohibited or restricted parties
16.10 Taxes
You are responsible for any and all taxes, duties, or other governmental charges related to your use of our Services.
16.11 Copyright Infringement (DMCA)
We respect intellectual property rights and respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
If you believe your copyrighted work has been infringed on our Services, please send a notice to:
Email: hello@nuzzely.com
Subject Line: "DMCA Takedown Notice"
Your notice must include:
- Your physical or electronic signature
- Identification of the copyrighted work claimed to be infringed
- Identification of the infringing material and its location on our Services
- Your contact information (address, phone, email)
- A statement that you have a good faith belief that the use is unauthorized
- A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner
Please note: Our DMCA Agent only responds to copyright infringement notices. For other inquiries, use hello@nuzzely.com
False claims may result in legal liability. See 17 U.S.C. Section 512(f) and https://www.copyright.gov for more information.
17. CONTACT INFORMATION
If you have questions, concerns, or complaints about these Terms or our Services, please contact us:
Email: hello@nuzzely.com
Website: www.nuzzely.com
Business Name: Nuzzely
Country of Operation: Netherlands
Response Time: We aim to respond within 48 hours during business days (Monday-Friday, 9:00 AM - 6:00 PM CET)
ACKNOWLEDGMENT
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You meet the age and eligibility requirements
- You have the authority to enter into these Terms
If you do not agree to these Terms, you must immediately stop using our Services.
Last Updated: December 18, 2024
Effective Date: December 18, 2024
Thank you for choosing Nuzzely. We're here to provide care that feels like home.
