Terms of Service

1. Welcome to nudge

These Terms of Service ("Terms") are an agreement between you and thenudging.com ("we," "us," or "our") for using the nudge service — our websites, apps, and everything related (the "Service").

By using nudge, you're agreeing to these Terms and our Privacy Policy. If you don't agree, please don't use the Service.

Using nudge on behalf of a company or organization? You're confirming you have authority to bind them to these Terms too.

2. Who Can Use nudge

nudge is built for businesses — freelancers, consultants, and small agencies who need to get paid. To use the Service:

• You must be at least 18 (or the legal age in your area)
• You need the legal ability to enter into contracts
• You're using nudge for business, not personal, purposes

Your account is your responsibility. Keep it secure, and let us know immediately if something seems wrong. We can suspend or close accounts if needed.

3. What nudge Does (and Doesn't Guarantee)

nudge helps you send payment reminder emails to your clients. Simple as that.

But here's the honest truth about what we can and can't promise:

We can't guarantee:

• That nudge will always be available (outages happen)
• That every email will be delivered (spam filters, bounces, and internet gremlins exist)
• That the Service will be perfect or bug-free
• That nudge will meet every specific need you have

We may change things:

We're always improving nudge. That means features might change, pricing might adjust, and free features might not stay free forever. We'll try to give you notice when we can, but we reserve the right to evolve the Service.

4. Your Data

You own your data. The content you put into nudge — your client info, invoice details, everything — belongs to you.

That said, to make nudge work, you're giving us permission to use your data to provide the Service (like sending emails on your behalf). If you leave nudge, we may keep anonymized, aggregated data that can't identify you.

A few things to keep in mind:

• Make sure you actually have rights to the data you upload
• We don't guarantee we'll keep backups forever — please keep your own records
• Your data should comply with applicable laws

5. Sending Reminders to Your Clients

5.1 Before You Add Someone

When you add a client's email to nudge, you're telling us:

• You have a real business relationship with them
• You have permission to email them
• The information you're providing is accurate
• Emailing them complies with applicable laws

5.2 You're Responsible

Every reminder sent through nudge is your responsibility. That includes:

• What the emails say
• Whether you have proper permission to send them
• Compliance with email laws (CAN-SPAM in the US, GDPR in Europe, CASL in Canada, and others)
• Any complaints or issues that arise

We're not lawyers and can't give legal advice. If you're unsure about email compliance in your jurisdiction, please consult a qualified attorney.

5.3 Email Delivery Isn't Guaranteed

WE CAN'T GUARANTEE YOUR EMAILS WILL BE DELIVERED. Email is complicated — spam filters, server issues, full inboxes. Many things can prevent delivery, and most are outside our control. We have no liability if an email doesn't arrive.

5.4 If We Get Complaints

If your recipients complain to us, we may need to suspend or close your account. You agree to handle any claims that arise from emails you send and to cover our costs if we get dragged into disputes because of your emails.

6. Playing Fair

Use nudge the way it's meant to be used. Don't:

• Break any laws or violate others' rights
• Send spam or emails to people who haven't agreed to receive them
• Send harassing, threatening, or abusive content
• Try to hack, reverse-engineer, or disrupt the Service
• Use nudge for fraud or deceptive debt collection

We can investigate misuse and take action — including terminating accounts and involving law enforcement if necessary.

7. Payment

Some nudge features require payment. Here's how that works:

• Prices are listed in the currency shown and don't include taxes
• We use third-party payment processors — we're not responsible for their errors
• Fees are generally non-refundable (unless the law requires otherwise)
• Free features might not stay free forever

8. Our Stuff

nudge — including our code, design, content, and branding — belongs to us (or our licensors). When you use nudge, we're giving you a limited license to use the Service for your business. That's it.

If you send us feedback or feature suggestions, we can use them freely without owing you anything. (We appreciate them though!)

9. No Warranties

Here's where we have to be direct:

Some places don't allow these limitations, so they apply to the fullest extent the law allows.

10. Limits on Our Liability

Even if something goes wrong, here's the maximum we can be held responsible for:

We know this sounds harsh, but it's standard for software services, and it's why we can offer nudge at an accessible price. These limits are fundamental to our agreement.

11. If Something Goes Wrong

If a problem arises from your use of nudge — whether it's a legal claim, a complaint from your client, or something else — you agree to handle it and protect us from the fallout.

Specifically, you'll indemnify and defend us (and our team) against claims arising from:

• Your use of the Service
• Your data and content
• Emails sent through your account
• Any violation of these Terms or applicable law
• Any violation of someone else's rights

If we're facing a claim because of something you did, we can take over the defense if we choose to.

12. Ending Your Account

You can leave anytime. Just contact us and we'll close your account.

We can end things too. We may suspend or terminate your account at any time, for any reason. If you've violated these Terms, we might not give notice.

When an account closes:

• Your access stops immediately
• We may delete your data
• The important sections of these Terms (liability limits, indemnification, dispute resolution) continue to apply

13. Changes to These Terms

We may update these Terms occasionally. When we do, we'll update the date at the top. For significant changes, we'll try to give you notice.

If you keep using nudge after changes take effect, you're accepting the new Terms. If you disagree with changes, stop using the Service.

We can also modify, pause, or shut down parts of nudge at any time.

14. How We Handle Disputes

14.1 Let's Talk First

Before escalating anything, please reach out to us. Most issues can be resolved with a conversation.

14.2 Arbitration

If we can't resolve things informally, disputes will be handled through binding arbitration — not court. Arbitration is faster, simpler, and more private. The arbitrator's decision is final.

14.3 No Class Actions

YOU AND WE BOTH AGREE TO BRING ANY CLAIMS ONLY INDIVIDUALLY, NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator can't combine multiple people's claims.

14.4 No Jury Trial

BOTH SIDES WAIVE THE RIGHT TO A JURY TRIAL.

14.5 One Exception

Either of us can go to court to protect intellectual property rights (like trademarks or trade secrets) without going through arbitration first.

14.6 Governing Law

These Terms are governed by the laws of the jurisdiction where our company is organized, without regard to conflict of law rules.

15. The Legal Bits

A few more things lawyers want us to say:

Entire Agreement. These Terms plus our Privacy Policy are the whole agreement between us.

Severability. If part of these Terms can't be enforced, the rest still applies.

No Waiver. If we don't enforce something once, that doesn't mean we've given up the right to enforce it later.

Assignment. You can't transfer your account or these Terms to someone else. We can.

Force Majeure. We're not liable for things genuinely outside our control — natural disasters, pandemics, internet outages, etc.

Notices. We can notify you by email or by posting on the Service. Make sure your contact info is current.

No Third-Party Rights. These Terms are between you and us. They don't give rights to anyone else.

16. Questions?

We're happy to help.