Terms of Use
Effective Date: September 10th, 2024
Welcome to Nivenna! By accessing or using our website, you agree to comply with and be bound by the following terms and conditions of use, which, together with our Privacy Policy, govern Nivenna’s relationship with you in relation to this website. If you disagree with any part of these terms, please do not use our website.
1. Acceptance of Terms
By accessing and using Nivenna, you accept and agree to be bound by these Terms of Use. These terms apply to all visitors, users, and others who access or use the site.
2. Services Provided
Nivenna is a digital marketing agency that provides marketing, retargeting, and advertising services. We offer newsletters via ActiveCampaign, appointment scheduling via Calendly, and direct payments via Stripe.
3. Use of Website
- Eligibility: You must be at least 18 years old to use our website and services. By using our website, you warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
- User Conduct: You agree not to use the website in a way that may cause damage to the website or impair the availability or accessibility of the website. You must not use the website for any unlawful, illegal, fraudulent, or harmful purpose or activity.
4. Intellectual Property Rights
All content, features, and functionality on Nivenna, including but not limited to text, graphics, logos, icons, images, videos, and software, are the exclusive property of Nivenna or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are not permitted to reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our site.
5. User-Generated Content
Nivenna may offer opportunities for users to provide content on our website, such as through comments, feedback, or other forms of user interaction. By submitting any content to Nivenna, you agree to the following:
- Responsibility for Content: You are solely responsible for any content you submit, post, or display on or through our website. You must not submit any content that is illegal, defamatory, obscene, offensive, or infringes upon the rights of others.
- Rights Granted: By submitting content, you grant Nivenna worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, publish, translate, distribute, and display such content in any media.
- Monitoring and Removal: Nivenna reserves the right, but not the obligation, to monitor and review user content. We may remove or edit any content at our discretion if it violates these Terms of Use or is otherwise objectionable.
6. Third-Party Services
Nivenna uses third-party services to provide certain features and functionalities:
- Stripe: For processing payments. All payment transactions are processed through Stripe and are subject to Stripe’s Terms of Service and Privacy Policy. We do not store or collect your payment details. Please review Stripe’s Terms of Service and Privacy Policy for more information.
- Calendly: For scheduling calls and appointments. By booking a call or appointment through Calendly, you are agreeing to Calendly’s Terms of Service and Privacy Policy. Please review Calendly’s Terms of Service and Privacy Policy for more information.
- ActiveCampaign: For managing email newsletter subscriptions. By subscribing to our newsletter, you are agreeing to ActiveCampaign’s Terms of Service and Privacy Policy. Please review ActiveCampaign’s Terms of Service and Privacy Policy for more information.
- Google and Facebook: For retargeting and marketing campaigns. These platforms may collect data using cookies and similar technologies. Please refer to Google’s Privacy Policy and Facebook’s Data Policy for more information.
We are not responsible for the practices employed by third-party websites or services linked to or from our website, including the information or content contained therein. Your interactions with these third-party services are governed by the terms and policies of the respective providers.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Nivenna, its affiliates, directors, employees, agents, suppliers, or licensors shall not 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 website;
- Any conduct or content of any third party on the website;
- Any content obtained from the website; and
- Unauthorised access, use, or alteration of your transmissions or content.
8. Disclaimer of Warranties
The services provided by Nivenna are on an “as is” and “as available” basis. Nivenna makes no representations or warranties of any kind, express or implied, as to the operation of our services, or the information, content, or materials included on our website. To the fullest extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade.
9. Indemnification
You agree to indemnify, defend, and hold harmless Nivenna, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the website or services, your violation of these Terms of Use, or your violation of any rights of another.
10. Governing Law and Jurisdiction
These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of [Insert Country/State]. You agree to submit to the personal and exclusive jurisdiction of the courts located within [Insert Jurisdiction] for the resolution of any disputes.
11. Changes to These Terms
We reserve the right to modify these Terms of Use at any time. If we make material changes, we will notify you by updating the “Effective Date” at the top of these Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.
12. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at:
info@nivenna,com
