These Terms of Service (“Terms”) govern your access to and use of Nugo (the “Service”), operated by Nugo (“Nugo,” “we,” “us,” or “our”). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of the Service
Nugo is a web-based software application for small video and content production teams. The Service allows users to create projects, upload and organize visual references, collaborate on creative direction, mark work as approved (“locked”), and share approved work with external parties via a link that does not require account registration (“Guests”). Nugo does not offer any downloadable or installable software; the Service is accessed entirely through a web browser.
2. Accounts
To use most features of the Service, you must create an account using an email address and password, or by signing in through a supported third-party provider (currently Google). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate registration information and promptly update it if it changes.
You must be at least 18 years old to create an account. The Service is not directed to, and should not be used by, individuals under 18.
3. Guest Access
Certain features of the Service allow individuals without a registered account (“Guests”) to view, comment on, or approve content via a shared link. By accessing the Service as a Guest, you agree to comply with these Terms to the same extent as a registered user with respect to your use of the Service.
4. Subscription and Fees
As of the date of these Terms, the Service is provided free of charge and no subscription or payment is required. We may introduce paid subscription plans in the future. If and when we do, these Terms will be updated to describe billing terms, renewal, and cancellation policies, and you will be notified before any such changes take effect for your account.
5. User Content
5.1 Ownership and Rights
You retain ownership of all content you upload to the Service, including content uploaded on behalf of your own clients (“User Content”). You represent and warrant that you have all necessary rights and permissions to upload, store, and share such User Content through the Service, including granting access to collaborators and Guests. We do not claim ownership of any User Content you upload.
5.2 License to Us
By uploading User Content, you grant us a limited, non-exclusive, worldwide license to host, store, reproduce, and display that content solely for the purpose of providing and operating the Service on your behalf.
5.3 Approval Records
The Service allows users to mark content as “locked” or “approved,” creating a record of that content at a specific point in time. This feature is provided as a workflow tool only. We make no representations regarding the legal effect of any approval recorded through the Service and are not responsible for disputes between users and their own clients regarding approvals made using the Service.
6. Acceptable Use
You agree not to:
- Use the Service to advertise or offer to sell goods or services unrelated to the Service;
- Sell, rent, or otherwise transfer your account or profile to another party;
- Upload content that infringes the intellectual property rights of any third party;
- Use Guest link access to scrape, harvest, or extract data at scale beyond ordinary review and commenting;
- Attempt to access another organization’s data, projects, or account information, or otherwise attempt to bypass authorization or access controls within the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Use the Service for any unlawful purpose.
7. Copyright (DMCA) Notice
If you believe content available through the Service infringes your copyright, please send a written notice to support@getnugo.com including: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material you claim is infringing and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief the use is not authorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.
8. Termination
We may suspend or terminate your access to the Service at any time if you violate these Terms. You may stop using the Service and, upon request, close your account at any time.
9. Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.
10. Limitation of Liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the lesser of (a) the total amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars (US $100). This limitation applies regardless of the legal theory on which liability is based.
11. Dispute Resolution
If a dispute arises between you and us, we encourage you to first contact us at support@getnugo.com to seek an informal resolution. If the dispute is not resolved within thirty (30) days of such notice, the dispute shall be resolved by binding arbitration rather than in court, except that either party may bring an individual claim in Small Claims Court (Ontario) where the claim qualifies.
The arbitration shall be conducted in Toronto, Ontario, Canada, in the English language, before a single arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
12. Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you, including through an in-app notice requiring you to review and accept the updated Terms before continuing to use the Service.
14. Contact Us
Questions about these Terms may be sent to:
NugoEmail: support@getnugo.com