1. Operator and scope
In these Terms, nudgey, we, us, and our means the operator of nudgey as a sole trader. These Terms apply to:
- the public website at nudgey.io and related pages (Website Terms); and
- the nudgey web application, APIs, integrations, and related paid or unpaid software services (Software Terms).
By accessing or using the website or software, you agree to these Terms and our Privacy Policy. If you do not agree, do not use nudgey.
2. Eligibility and authority
You represent and warrant that you are at least 18 years old and have authority to bind yourself and, if applicable, your business or organisation to these Terms. If you use nudgey on behalf of an entity, you confirm you are an authorised representative and references to you include that entity.
3. Website Terms
Website content is general information only and may be changed, removed, or corrected at any time without notice. To the maximum extent permitted by law, we do not guarantee that website content is complete, accurate, current, or fit for your particular purpose.
You must not misuse the website, attempt unauthorised access, interfere with normal operation, or use automated methods to extract data except where expressly permitted in writing.
4. Software account terms
You are responsible for account credentials, all activities performed through your account, and ensuring your users comply with these Terms. We may suspend, throttle, or terminate access where there is a security risk, legal risk, payment issue, abusive behaviour, or breach of these Terms.
During registration, acceptance of these Terms is mandatory and recorded with timestamp and version metadata. Continued use after updates to Terms may also constitute acceptance of the revised version.
5. Customer communications and legal compliance
You are solely responsible for ensuring all communications sent via nudgey comply with all applicable laws and regulations, including anti-spam, telemarketing, privacy, consumer, and data-protection requirements in every jurisdiction where you operate. You must obtain, record, and maintain all required consents.
nudgey is a software tool only. We do not provide legal advice, compliance certification, or regulatory approval.
6. Third-party services and integrations
The software may integrate with third-party services (for example messaging, payments, CRM, automation, identity, analytics, and hosting providers). Those services are governed by third-party terms, pricing, and availability. We are not responsible for third-party outages, delays, data loss, security events, policy changes, fees, or acts/omissions by third parties.
7. Fees, billing, tax, and refunds
Paid plans, quotas, and pricing are as published or otherwise agreed in writing. Unless required by law or expressly stated, fees are non-refundable. You are responsible for all taxes, duties, and government charges associated with your use of nudgey (excluding taxes on our net income).
We may change pricing or plan structure prospectively. Continued use after the effective date of pricing changes constitutes acceptance.
8. Data, security, and backups
You grant us a non-exclusive right to host, process, transmit, and copy your submitted data solely as needed to operate, secure, support, and improve nudgey. You are responsible for the legality, quality, and backup of your data and for keeping your own records.
While we apply reasonable safeguards, no system is guaranteed secure or uninterrupted. You acknowledge residual cybersecurity, transmission, and service-availability risk.
9. Intellectual property
All rights, title, and interest in nudgey, including software, branding, design, text, graphics, workflows, and documentation, remain ours or our licensors. No rights are granted except the limited right to use the service in accordance with these Terms.
10. Confidentiality
Each party must protect the other party’s confidential information using reasonable care and must not disclose it except as required by law or to professional advisers who are bound by confidentiality obligations.
11. Service changes, suspension, and termination
We may modify features, APIs, limits, or service components at any time. We may suspend or terminate access immediately where required to protect security, comply with law, prevent abuse, avoid liability exposure, or address non-payment. You may stop using nudgey at any time.
12. Disclaimer of warranties
To the maximum extent permitted by law, nudgey is provided on an as is and as available basis. We disclaim all warranties and representations, express or implied, including merchantability, fitness for purpose, non-infringement, reliability, availability, data accuracy, uninterrupted operation, and error-free performance.
13. Limitation of liability
To the maximum extent permitted by law, we exclude liability for any indirect, incidental, special, exemplary, punitive, or consequential loss, including loss of profits, revenue, goodwill, reputation, business opportunity, contracts, data, or anticipated savings, even if advised such loss was possible.
To the maximum extent permitted by law, our aggregate liability for all claims connected with nudgey is limited to the greater of AUD $100 and the fees paid by you for nudgey in the 3 months before the event giving rise to the claim.
Nothing in these Terms excludes, restricts, or modifies rights that cannot be excluded under applicable law, including the Australian Consumer Law. Where liability cannot be excluded, it is limited to the maximum extent permitted by law, including (where lawful) re-supply of services or payment of the cost of re-supply.
14. Indemnity
You indemnify us, our personnel, and our service providers from claims, actions, liabilities, damages, losses, penalties, fines, and costs (including legal costs on a full indemnity basis) arising from or relating to:
- your content or data;
- your communications sent using nudgey;
- your breach of these Terms or applicable law;
- your infringement of third-party rights; or
- your unauthorised, fraudulent, or negligent use of the services.
15. Disputes, governing law, and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts, except where mandatory law requires otherwise.
16. Changes to these Terms
We may update these Terms at any time by posting the revised version on this page. Changes take effect from the published Last updated date unless another effective date is stated. Continued access to or use of nudgey after that date constitutes acceptance of updated Terms.
17. Contact
Legal notices and terms enquiries: legal@nudgey.io