Terms
These terms are an agreement between you and Recurz, Inc., a Delaware corporation (“Recurz”, “we”), and cover the Nudgez app and nudgez.recurz.ai. By installing or using Nudgez you accept them. If you don't, don't use it. Section 9 requires disputes to be resolved by individual arbitration, not class actions or jury trials.
1. License
We grant you a personal, non-exclusive, non-transferable, revocable license to use Nudgez on Macs you own or control. You may not copy, modify, reverse engineer, resell, sublicense or redistribute it, or use it to build a competing product, except where the law expressly allows. We and our licensors keep all rights not granted here.
2. Reminders are a convenience
Nudgez shows what your calendars give it. Calendars can be late, wrong or incomplete, and your Mac can be asleep, offline or busy. You remain responsible for your schedule and for attending your meetings. Don't rely on Nudgez where a missed reminder could cause harm.
3. Other services
Nudgez works with Apple, Google and meeting apps you choose. Their terms govern your use of them, and we aren't responsible for them. If you got Nudgez from the Mac App Store, Apple's Licensed Application End User License Agreement also applies; Apple has no obligation to support or maintain Nudgez.
4. Your conduct
Use Nudgez lawfully and only with calendars you're allowed to access. Don't interfere with it or try to get around its security.
5. Updates and ending
We may update, change or stop offering Nudgez at any time. These terms last until ended. You can end them by deleting Nudgez. We can end your license if you break them. Sections 6 through 11 survive.
6. No warranty
Nudgez is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We don't warrant that it will be accurate, timely, uninterrupted or error-free.
7. Limitation of liability
To the fullest extent the law allows, Recurz is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, data, opportunities or goodwill, including from a missed or late reminder. Our total liability for all claims is limited to the greater of what you paid us for Nudgez in the 12 months before the claim, or US $50.
8. Indemnity
You'll defend and indemnify Recurz against claims arising from your misuse of Nudgez or your breach of these terms.
9. Disputes
Email legal@recurz.ai first; most problems can be solved that way. Any dispute not resolved within 60 days will be settled by binding individual arbitration administered by JAMS under its streamlined rules, in New York County, New York, or by video. You and Recurz waive any right to a jury trial and to bring or join a class or representative action. Either side may bring an individual claim in small claims court, or seek an injunction for misuse of intellectual property. You can opt out of arbitration by emailing legal@recurz.ai within 30 days of first using Nudgez.
10. Law
Delaware law governs these terms, without regard to its conflict-of-law rules. Anything not arbitrated goes to the state or federal courts in New York County, New York.
11. The rest
These terms and the privacy policy are the whole agreement. If a part is unenforceable, the rest stands. Not enforcing a term isn't a waiver. You can't assign these terms; we can. We may change them by posting a new version here with a new date; using Nudgez after that means you accept it. Questions: legal@recurz.ai.