Terms & Conditions

Nothing Technologies, Inc. dba "GAIL" ("GAIL") offers various technology services and offerings ("Offerings"). GAIL provides certain Offerings through this online platform ("Platform"). All access to and use of the Offerings and Platform are subject to these Terms and Conditions ("Terms").

By accessing or using any Offerings through the Platform, You or, if you are accessing the Offerings or Platform on behalf of another individual, organization, or entity, that organization or entity (in either case, "Customer") agree to be bound by these Terms.

Customer may also agree to be bound by these Terms by entering into a service agreement with GAIL ("Service Agreement").

GAIL is willing to allow access to and use of the Platform and Offerings only if Customer agrees to be bound by these Terms. IF CUSTOMER DOES NOT AGREE TO THESE TERMS, OR DOES NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, GAIL IS NOT WILLING TO PROVIDE CUSTOMER WITH ACCESS TO ANY OFFERINGS OR THE PLATFORM.

SUBSCRIPTION PLANS & TERM LENGTHS

Customer may select from various subscription plans offered by GAIL. The subscription term will be as follows:

  • Monthly Plan: Customers may subscribe on a month-to-month basis, which will automatically renew unless Customer provides GAIL with thirty (30) days' written notice of termination prior to the next billing cycle.
  • Annual Plan: Customers who opt for an annual plan shall commit to a twelve (12) month term. This plan will automatically renew for an additional twelve (12) month period unless Customer provides GAIL with sixty (60) days' written notice of non-renewal before the renewal date.

PAYMENT & BILLING

Customer shall provide a valid payment method at the time of subscription. All fees are payable in advance and are non-refundable. Billing occurs on a recurring basis according to the selected subscription plan. Late payments shall be subject to an interest charge of the lesser of one and one-half percent (1.5%) per month or the maximum amount permitted under applicable law.

If Customer has specified a credit card, debit card, or other payment method, Customer grants GAIL the right to charge such payment method for all fees incurred. Customer agrees to remain responsible for all applicable fees for the full subscription term unless termination occurs in accordance with these Terms.

AUTOMATIC RENEWAL & TERMINATION

Unless otherwise terminated in accordance with these Terms, each subscription plan will renew automatically. Customers may cancel their subscriptions with the required notice period.

GAIL reserves the right to suspend or terminate Customer's access to the Platform and Offerings if Customer fails to comply with payment obligations or breaches these Terms. Upon termination, Customer's access to the Platform and all Offerings shall cease, and GAIL may delete or deactivate any Customer Data at its discretion.

ACCESS & USE OF THE PLATFORM

Subject to Customer's compliance with these Terms and each Agreement, and subject to any termination of these Terms or any Agreement, GAIL will provide Customer with a limited, non-exclusive, non-transferable, non-sublicensable right solely to allow employees, agents, contractors, or representatives of Customer ("Users") to access the Offerings and Services through GAIL's web portal for the Platform (the "Portal"), solely for Customer's own internal business purposes.

ACCOUNT

All access to the Portal by any User will be through Customer's account on the Portal (an "Account"). Each identification and password associated with Customer's Account (the "Account ID") is personal in nature and may only be used by Customer and its Users to access the Account. Customer will ensure that all Account IDs are kept secure and confidential and will not, and shall ensure that its Users do not, share any Account ID or provide any third party access to the Account.

Customer is solely responsible for all access to the Portal and all Offerings through the Account, and all use of the Portal or any Offerings through the Account will be deemed to have been completed by Customer. Customer is solely responsible for compliance by each User with these Terms and the applicable terms of each Agreement and any other terms or conditions applicable to the Portal.

PLATFORM API

If GAIL provides Customer with permission to access the Platform through one or more of GAIL's application programming interfaces for the Platform (each, an "API"), then subject to Customer's compliance with these Terms and each Agreement, and subject to any termination of these Terms or any Agreement, GAIL will provide Customer with a limited, non-exclusive, non-transferable, non-sublicensable right solely to (i) enable websites, web services, or other platforms owned and controlled by Customer ("Customer Sites") to access the Offerings through the API, and (ii) allow Users to access the Offerings through the Customer Sites, solely for Customer's own internal business purposes.

IMPLEMENTATION

Customer is solely responsible for enabling each Customer Site to interface directly with the API and ensuring the Customer Site supports access to the Offerings through the API. Customer will develop each Customer Site in compliance with these Terms and each Agreement and all applicable technical requirements and specifications for the API (the "Specifications").

CUSTOMER DATA & PRIVACY

Customer retains ownership of any data uploaded, provided, or otherwise made available through the Platform ("Customer Data"). Customer grants GAIL a limited right to use Customer Data to provide the Offerings, ensure Platform functionality, and for related business operations.

INTELLECTUAL PROPERTY RIGHTS & RESTRICTIONS

GAIL and its licensors retain all rights, title, and interest in and to the Platform, Offerings, trademarks, and proprietary information. Customer shall not reverse engineer, decompile, distribute, sublicense, or create derivative works from any portion of the GAIL Technology.

LIMITATION OF LIABILITY

GAIL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO CUSTOMER'S USE OF THE PLATFORM OR OFFERINGS.

IN NO EVENT SHALL GAIL'S TOTAL LIABILITY EXCEED THE FEES PAID BY CUSTOMER DURING THE THREE (3) MONTHS PRECEDING THE CLAIM.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from or related to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association in Miami, Florida, with each party covering its own arbitration costs.

MODIFICATIONS TO TERMS

GAIL reserves the right to update or modify these Terms at any time. Continued use of the Platform constitutes acceptance of the revised Terms.

For any questions regarding these Terms, please contact support@meetgail.com

Nothing Technologies, Inc.

Effective Date: October 7th, 2024

Last Updated: February 17th, 2024