Terms of Service

1. Acceptance of Terms

By accessing or using the Nestly Technologies Inc. ("Nestly", "we", "us", or "our") website located at nestly.tech (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.

2. Description of Service

Nestly provides tracking and monitoring services for luxury items and prestige brands, including:

• Real-time stock monitoring for luxury brands
• Price tracking and analysis tools
• WhatNot live stream analyzer services
• Automated alerts and notifications
• Profit analytics and reporting

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3. User Accounts

3.1 Account Registration

To access certain features of the Service, you may be required to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and identification
• Accept all responsibility for activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

4. Acceptable Use

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Nestly and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of any content you submit, post, or display on or through the Service. By submitting, posting, or displaying content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of operating and providing the Service.

6. Payment Terms

6.1 Subscription Fees

Certain features of the Service may require payment of fees. By subscribing to a paid plan, you agree to pay all applicable fees as described on the Service.

6.2 Billing

Fees are billed in advance on a recurring basis (monthly or annually, as selected). Your subscription will automatically renew unless you cancel before the end of the current billing period.

6.3 Refunds

Refund policies are determined on a case-by-case basis. Contact us at support@nestly.tech for refund requests.

6.4 Price Changes

We reserve the right to change our pricing at any time. We will provide notice of any price changes at least 30 days in advance. Price changes will not affect your current billing period.

7. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by Nestly. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Nestly 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 the use of any such content, goods, or services available on or through any such websites or services.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NESTLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NESTLY MAKES NO WARRANTY THAT:

• THE SERVICE WILL MEET YOUR REQUIREMENTS
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• THE RESULTS THAT MAY be OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

9. Limitation of Liability

IN NO EVENT SHALL NESTLY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE SERVICE
• ANY CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nestly and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

• Your use and access of the Service
• Your violation of any term of these Terms
• Your violation of any third party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be interpreted and governed by the laws of the jurisdiction in which Nestly Technologies Inc. is incorporated, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: support@nestly.tech

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.