EULA
Dated:
End User License Agreement
Nusu is licensed to You (End-User) by Nusu Inc., located and registered at 10161 W Park Run Dr Ste 150, Las Vegas, Nevada 89145, United States ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Nusu, not the Services, is solely responsible for the Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Nusu acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
Nusu when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Nusu is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
1. THE APPLICATION
Nusu ("Licensed Application") is a geo-aware beauty and wellness discovery platform designed to help users find and connect with local beauty, wellness, and spiritual service providers. The Licensed Application is available as a mobile application for iOS, Mac OS, and Android devices, as well as through the website at nusu.ai.
The Licensed Application enables users to:
- Discover and search for beauty, wellness, and spiritual service providers based on location
- View provider profiles, services, reviews, ratings, and photos
- Connect with and book services from providers
- Leave reviews and ratings for services received
- Create and manage user accounts
- Receive personalized recommendations based on location and preferences
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Nusu's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Nusu's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your devices to a third party, you must remove the Licensed Application from the devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version as specified in the app store product page or as otherwise specified. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
3.5 The Licensed Application requires an active internet connection to function. Some features, including but not limited to location-based discovery, reviews, and booking, require a stable internet connection and may not be available offline.
3.6 The Licensed Application uses location services to provide geo-aware features. You may be required to grant location permissions for full functionality. You can manage location permissions through your device settings.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the support email address indicated in the App Store or Play Store Overview for this Licensed Application.
4.2 Nusu and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4.3 Nusu may from time to time release updates to the Licensed Application, which may include bug fixes, feature enhancements, security updates, and performance improvements. These updates may be required for continued use of the Licensed Application.
4.4 Technical support is available via email at team@nusu.ai during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM Pacific Time, excluding US federal holidays).
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: nusu.ai/legal/privacy.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
The Licensed Application collects and processes the following types of data:
-
Location Data: The Licensed Application uses GPS and other location technologies to provide location-based discovery services. This data is used to show you nearby providers and services.
-
Account Information: When you create an account, we collect your name, email address, and other profile information you choose to provide.
-
Usage Data: We collect information about how you use the Licensed Application, including searches, views, bookings, and interactions with provider profiles.
-
Device Information: We collect information about your device, including device type, operating system, and unique device identifiers.
-
Analytics Data: We use analytics services to understand how users interact with the Licensed Application to improve our services.
For complete details on data collection, use, and your rights, please review our Privacy Policy at nusu.ai/legal/privacy.
6. USER-GENERATED CONTENT
6.1 The Licensed Application may allow you to post, submit, publish, display, or transmit content, including but not limited to reviews, ratings, photos, comments, and other materials ("User Content").
6.2 You retain ownership of your User Content. However, by submitting User Content to the Licensed Application, you grant Nusu a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Licensed Application and Nusu's business, including for promoting and redistributing part or all of the Licensed Application.
6.3 You represent and warrant that:
- You own or have the necessary rights to use and authorize Nusu to use your User Content
- Your User Content does not infringe any third party's intellectual property rights, privacy rights, or other rights
- Your User Content is accurate and not misleading
- Your User Content complies with all applicable laws and regulations
- Your User Content does not contain any harmful, offensive, defamatory, obscene, or otherwise objectionable material
6.4 Nusu reserves the right to remove or modify any User Content at any time, for any reason, without notice.
6.5 For complete terms regarding User Content, please review our Terms and Conditions at nusu.ai/legal/terms and our Community Guidelines at nusu.ai/legal/community.
7. THIRD-PARTY TERMS OF AGREEMENT
7.1 You must comply with applicable third-party terms of agreement when using the Licensed Application. This includes, but is not limited to:
- The Usage Rules set forth by Apple and Google for their respective app stores
- Terms of service of any third-party services integrated with the Licensed Application
- Payment processor terms (Stripe) for any transactions made through the Licensed Application
- Map and location service provider terms (Google Maps)
7.2 The Licensed Application integrates with third-party services including:
- Payment Processing: Stripe (stripe.com/legal)
- Maps and Location: Google Maps Platform (cloud.google.com/maps-platform/terms)
- Analytics: RudderStack and other analytics providers
- Authentication Services: Various social login providers
7.3 Your use of third-party services is subject to the terms and privacy policies of those third parties. Nusu is not responsible for the practices of third-party service providers.
7.4 The Licensed Application may contain open source software components. The applicable open source licenses and attributions are available within the Licensed Application settings or upon request.
8. WARRANTY DISCLAIMER
8.1 THE LICENSED APPLICATION IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUSU DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
8.2 NUSU DOES NOT WARRANT THAT:
- The Licensed Application will meet your requirements
- The Licensed Application will be uninterrupted, timely, secure, or error-free
- The results obtained from use of the Licensed Application will be accurate or reliable
- Any errors in the Licensed Application will be corrected
- The Licensed Application will be compatible with third-party software, applications, or services not specifically designed to work with the Licensed Application
8.3 No advice or information, whether oral or written, obtained by you from Nusu or through the Licensed Application shall create any warranty not expressly stated in this License Agreement.
8.4 Nusu does not endorse, guarantee, or assume responsibility for any service offered by third-party providers discovered through the Licensed Application. You acknowledge that any reliance on services provided by third-party providers is at your own risk.
8.5 Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Nusu's liability will be limited to the greatest extent permitted by applicable law.
9. PRODUCT CLAIMS
Nusu and the End-User acknowledge that Nusu, and not the Services (Apple App Store, Google Play Store), is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
- Product liability claims
- Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement
- Claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of HealthKit or HomeKit frameworks, if applicable
Any claims, complaints, or issues regarding the Licensed Application should be directed to Nusu at:
Email: team@nusu.ai Phone: (+1) 844-244-4448 Address: 10161 W Park Run Dr Ste 150, Las Vegas, NV 89145, United States
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Nusu and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Nusu, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
10.2 All intellectual property rights in and to the Licensed Application, including but not limited to copyrights, trademarks, trade secrets, patents, and other proprietary rights, are and shall remain the exclusive property of Nusu or its licensors.
10.3 The Licensed Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Application is licensed, not sold.
10.4 The Nusu name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nusu or its affiliates or licensors. You must not use such marks without the prior written permission of Nusu.
10.5 You agree to protect Nusu's intellectual property rights and to report any suspected violations to Nusu immediately.
11. LEGAL COMPLIANCE
11.1 You represent and warrant that:
- You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country
- You are not listed on any US Government list of prohibited or restricted parties, including but not limited to the Treasury Department's list of Specially Designated Nationals or the Commerce Department's Denied Persons List or Entity List
11.2 You agree to comply with all applicable laws and regulations in your use of the Licensed Application, including but not limited to:
- Export control and sanctions laws
- Privacy and data protection laws
- Consumer protection laws
- Laws governing the conduct of business in your jurisdiction
11.3 The Licensed Application may not be exported, re-exported, transferred, or made available to any country, entity, or person prohibited by United States export control laws and regulations.
11.4 You acknowledge that the Licensed Application may be subject to export controls and restrictions. You agree to comply with all applicable export laws and regulations, including the Export Administration Regulations maintained by the US Department of Commerce and sanctions programs administered by the US Treasury Department's Office of Foreign Assets Control.
12. LIMITATION OF LIABILITY
12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUSU, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, data, use, goodwill, or other intangible losses
- Damages resulting from unauthorized access to or use of the Licensed Application
- Damages resulting from any interruption or cessation of transmission to or from the Licensed Application
- Damages resulting from bugs, viruses, or other harmful code transmitted to or through the Licensed Application
- Damages resulting from errors, mistakes, or inaccuracies in content
- Personal injury or property damage resulting from your use of the Licensed Application
- Damages resulting from any third-party content or services accessed through the Licensed Application
12.2 IN NO EVENT SHALL NUSU'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NUSU IN THE LAST TWELVE (12) MONTHS, OR FIFTY DOLLARS ($50.00 USD), WHICHEVER IS GREATER.
12.3 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT NUSU HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
12.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NUSU'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
13. TERMINATION
13.1 This License Agreement is effective until terminated by you or Nusu.
13.2 Your rights under this License Agreement will terminate automatically without notice from Nusu if you fail to comply with any term(s) of this License Agreement.
13.3 Nusu may terminate this License Agreement at any time, with or without cause, by providing notice to you through the Licensed Application or by email to the address associated with your account.
13.4 Upon termination of this License Agreement:
- You must cease all use of the Licensed Application
- You must delete or destroy all copies of the Licensed Application in your possession or control
- Any licenses granted to you under this License Agreement will immediately terminate
- You will lose access to your account and any User Content associated with your account
13.5 Termination of this License Agreement will not limit any of Nusu's rights or remedies at law or in equity in case of breach by you of any of your obligations under this License Agreement.
13.6 The following sections shall survive termination of this License Agreement: Section 6 (User-Generated Content, with respect to licenses granted), Section 8 (Warranty Disclaimer), Section 10 (Intellectual Property Rights), Section 11 (Legal Compliance), Section 12 (Limitation of Liability), Section 14 (Dispute Resolution), and Section 15 (General Provisions).
14. DISPUTE RESOLUTION
14.1 If you have any concerns or disputes about the Licensed Application, you agree to first try to resolve the dispute informally by contacting Nusu at team@nusu.ai.
14.2 Any disputes arising out of or related to this License Agreement or the Licensed Application shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.
14.3 Subject to Section 14.1, any disputes that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Clark County, Nevada.
14.4 YOU AND NUSU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14.5 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
14.6 For complete dispute resolution terms, please refer to our Terms and Conditions at nusu.ai/legal/terms.
15. GENERAL PROVISIONS
15.1 Entire Agreement. This License Agreement, together with the Privacy Policy and Terms and Conditions, constitutes the entire agreement between you and Nusu with respect to the Licensed Application and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Licensed Application.
15.2 Severability. If any provision of this License Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions of this License Agreement will remain in full force and effect.
15.3 Waiver. No waiver of any term of this License Agreement shall be deemed a further or continuing waiver of such term or any other term, and Nusu's failure to assert any right or provision under this License Agreement shall not constitute a waiver of such right or provision.
15.4 Assignment. You may not assign or transfer this License Agreement or your rights under this License Agreement, in whole or in part, by operation of law or otherwise, without Nusu's prior written consent. Nusu may assign this License Agreement at any time without notice or consent.
15.5 Third-Party Beneficiaries. You acknowledge and agree that the Services (Apple and Google) and their subsidiaries are third-party beneficiaries of this License Agreement, and that upon your acceptance of this License Agreement, the Services will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third-party beneficiary.
15.6 Notices. All notices to Nusu under this License Agreement shall be sent to:
Nusu Inc. 10161 W Park Run Dr Ste 150 Las Vegas, NV 89145 United States
Email: legal@nusu.ai Phone: (+1) 844-244-4448
15.7 Force Majeure. Nusu shall not be liable for any failure or delay in performing its obligations under this License Agreement if such failure or delay results from circumstances beyond Nusu's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15.8 Headings. The section headings in this License Agreement are for convenience only and have no legal or contractual effect.
15.9 Language. This License Agreement is made in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.
16. CONTACT INFORMATION
If you have any questions about this License Agreement, please contact us at:
Nusu Inc. 10161 W Park Run Dr Ste 150 Las Vegas, NV 89145 United States
Phone: (+1) 844-244-4448 Fax: (+1) 844-244-4449
Support: team@nusu.ai Legal: legal@nusu.ai Privacy: privacy@nusu.ai
This end user license agreement is provided for informational purposes. Consult with a qualified attorney for legal advice specific to your situation.