Last Updated: October 2024
These Terms and Conditions (“Terms”) govern your access to and use of the nvirse.com website, Nvirse application, and the services provided through the same (the “Service”) which are owned and operated by Nvirse LLC (“Nvirse,” “us,” “we,” or “our”).
Your access to and use of the Service is subject to your acceptance of and compliance with these Terms and to your acceptance of our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Service (referred to herein as ‘you’ or ‘user’).
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
1. Accounts
In order to use certain features of the Service (e.g., trials or Subscription usage), you must create an account with us. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username or other identifier the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
2. Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Nvirse cancels it. You may cancel your Subscription renewal eithe…
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Nvirse with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information prior to your Subscription commencing. By submitting such payment information, you automatically authorize Nvirse to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason and if automatic retries are unsuccessful, your account will be cancelled and access terminated. In addition, any payment not received by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at Nvirse’s discretion, late charges at the rate of 1.5% of the outstanding balance, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If Nvirse pursu…
3. Trials, Beta Features & Feature Changes
Trial Terms
Nvirse may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for a Free Trial. If you are required to enter your billing information when signing up for a Free Trial, you will not be charged by Nvirse until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription …
Beta Features
From time to time, Nvirse may make available certain Service features or functionality that is in a testing or experimental stage (“Beta Features”) on a temporary basis for evaluation purposes only. This includes any features made available to users of the Service from time to time. Nvirse does not make any commitment to provide Beta Features in any future versions of the Service and may immediately and without notice remove or modify any Beta Features for any reason without liability to you but will end…
Feature Changes
We reserve the right to make changes to feature access and related subscription components of the Service, to ensure all our customers are receiving the best value from our products. Nvirse will provide reasonable notice of these changes and provide alternatives if needed to avoid disruption to your business.
4. Fee Changes
Nvirse, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions or impose charges on features previously made available at no charge in order to account for increased costs and/or to reflect added product value as we iterate and add new or improved features and functionality. Any Subscription fee change will become effective after the end of the then-current Billing Cycle in which the fee change was made.
Nvirse will provide you with at least thirty (30) days of prior notice of any increase in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. Integrations
The Service supports integrations with various third-party owned and operated social media sites which have their own terms of service. When authorizing any of the integrations offered with the service, our code will have access to any data made available by the integrations API. If the integration requires a specific set of permission scopes to be authorized by the user, the API data accessed will also be limited to these scopes. Data retrieved from certain integrations may be cached for a short period …
YouTube
By authorizing the Service to access your YouTube account (e.g., in order to display your feed and insights), you agree to YouTube’s Terms of Service. You may revoke access from the Google Security Settings.
Google APIs
Nvirse’s use of and transfers to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
6. Content
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting User Content to the Service, you grant us and our service providers the right and license to use, modify, perform, display, reproduce, and distribute such User Content on and through the Service. You retain any and all of your rights to any User Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve all rights to block or remove communications or materials and other User Content that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to us in our sole discretion without liability to you.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any contents or activities on the Service.
7. Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, or code (but excluding User Content) is the property of Nvirse and its licensors and are protected by copyright, trademarks, database, and other intellectual property rights. You may display and copy, download, or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms …
8. Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Nvirse. Nvirse has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Nvirse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services availa…
9. Termination
Nvirse shall have the right to suspend or terminate this Agreement immediately in the event of an emergency, suspected fraud, enforcement by external authorities or regulatory requirement or on provision of at least five (5) days prior written notice to you of all other suspensions or terminations where practicable. In instances where you have breached these Terms, we will notify you and, if the breach is capable of cure, provide you with a reasonable period in which to cure such breach, failing which we…