$ cat terms.md

Terms of Service

Last updated: December 15, 2024

Acceptance of Terms

By downloading, installing, or using any Nitrotech application or service ("Services"), including but not limited to Cal33, QR33, Flow33, and other Nitrotech products, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legal agreement between you and Nitrotech Inc., a Delaware corporation ("we," "our," or "us"). We reserve the right to modify these Terms at any time. Your continued use of the Services after any changes indicates your acceptance of the modified Terms.

Age Requirements

Our Services are intended for users who are at least 13 years of age. In the European Economic Area (EEA), you must be at least 16 years old to use our Services. By using our Services, you represent that you meet these age requirements. If you are under the required age, you may not use our Services.

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the Apps on devices you own or control
  • Access and use the Apps for personal, non-commercial purposes

This license does not include the right to modify, distribute, sell, or reverse engineer our Services.

Health & Medical Disclaimer

/**
* IMPORTANT: OUR SERVICES ARE NOT INTENDED TO PROVIDE
* MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
*/

For Services that provide health, fitness, wellness, or tracking-related features:

  • Information provided is for general informational and educational purposes only
  • Always consult a qualified healthcare professional before making health decisions
  • Do not rely on our Services as a substitute for professional medical advice
  • We do not guarantee the accuracy of tracking data or predictions
  • Individual results may vary; we cannot guarantee specific outcomes
  • If you have a medical condition, consult your doctor before using health-related features

AI Services Disclaimer

Some of our Services use artificial intelligence and machine learning for content generation, recognition, analysis, and automation. By using AI-powered features, you acknowledge that:

  • AI-generated content (text, images, videos, audio) may not always be accurate or appropriate
  • Recognition features and AI outputs are approximations and may contain errors
  • AI models are continuously improving but are not infallible
  • You are responsible for reviewing and verifying AI-generated content before use
  • We are not liable for decisions made based on AI-generated content
  • AI-generated content should not be used for illegal, harmful, or deceptive purposes

Subscriptions & In-App Purchases

Subscription Terms

Some features of our Apps require a paid subscription. By subscribing, you agree to the following:

// Subscription Rules

  • - Payment is charged to your App Store/Play Store account
  • - Subscriptions automatically renew unless cancelled
  • - Cancel at least 24 hours before renewal to avoid charges
  • - Prices may change with reasonable notice

Billing

  • Subscription fees are billed in advance on a recurring basis (weekly, monthly, or yearly)
  • All fees are non-refundable except where required by law
  • You are responsible for any applicable taxes

Cancellation

You may cancel your subscription at any time through your device's app store:

// iOS:

Settings → [Your Name] → Subscriptions → Select App → Cancel

// Android:

Play Store → Menu → Subscriptions → Select App → Cancel

Upon cancellation, you will retain access to premium features until the end of the current billing period.

Free Trials

We may offer free trial periods. If you do not cancel before the trial ends, you will be charged the subscription fee. Free trials are limited to one per user/account.

Advertising

Our free Apps may display advertisements from third-party advertising networks. By using our Apps, you acknowledge and agree that:

  • Advertisements may be targeted based on your interests and usage data
  • We are not responsible for the content of third-party advertisements
  • Clicking on advertisements may redirect you to third-party websites or apps
  • You may opt out of personalized advertising through your device settings

Premium subscriptions may include reduced or no advertisements as specified in the subscription description.

User Conduct

You agree not to:

  • Use the Apps for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems or user accounts
  • Interfere with or disrupt the Apps or servers
  • Reverse engineer, decompile, or disassemble the Apps
  • Remove or alter any proprietary notices or labels
  • Use the Apps to collect data about other users
  • Circumvent any security measures or access restrictions
  • Use automated systems or bots to access the Services
  • Use ad-blocking software to circumvent advertising in free versions
  • Share account credentials with others
  • Create multiple accounts to abuse free trials or promotions

Intellectual Property

All content, features, and functionality of our Apps, including but not limited to text, graphics, logos, icons, images, audio, video, software, and code, are owned by Nitrotech or our licensors and are protected by copyright, trademark, and other intellectual property laws.

// Protected Assets

  • - Nitrotech name and logo
  • - Cal33, QR33, Flow33, and other product names
  • - App icons and visual designs
  • - Source code and algorithms
  • - User interface designs
  • - AI models and training data

User Content

Some Apps may allow you to create, upload, or store content. You retain ownership of your content, but grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your content solely for the purpose of providing the Apps' functionality. You are solely responsible for your content and must ensure it does not violate any laws or third-party rights.

Disclaimer of Warranties

/**
* THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE"
* WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
*/

We do not warrant that the Apps will be uninterrupted, error-free, or free of viruses or other harmful components. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, Nitrotech shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Damages resulting from unauthorized access to your account
  • Damages resulting from third-party services or content

// Liability Cap

Our total liability for any claims arising from your use of the Services shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) $100 USD.

Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising from or relating to these Terms or your use of the Services shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

/**
* CLASS ACTION WAIVER: You agree that any arbitration
* or proceeding shall be limited to the dispute between
* us individually. You waive any right to participate
* in a class action lawsuit or class-wide arbitration.
*/

You may opt out of this arbitration agreement by sending written notice to support@nitrotech.app within 30 days of first accepting these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless Nitrotech and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Apps, your violation of these Terms, or your violation of any rights of a third party.

Termination

We may terminate or suspend your access to the Apps immediately, without prior notice, for any reason, including:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • Non-payment of subscription fees
  • Extended periods of inactivity

Upon termination, your license to use the Apps will immediately cease. Provisions that by their nature should survive termination will remain in effect.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. Subject to the arbitration provisions above, any disputes arising from these Terms or your use of the Services shall be resolved in the courts located in Delaware.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nitrotech regarding the use of our Apps and supersede any prior agreements.

Contact Us

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

$ echo $CONTACT

support@nitrotech.app