Terms of Service

These Terms of Service (the “Terms”) are entered into between you and NuGig (“NuGig”, “we”, “our”, or “us”) and govern all access to and use of the NuGig website, assessment, generated plans, and any related feature or content (collectively, the “Service”).

You represent that you have full legal capacity to enter into a binding contract; that you are not barred from using the Service under the laws of any applicable jurisdiction; and that, if you accept these Terms on behalf of an organisation, you are duly authorised to bind that organisation, in which case “you” refers to that organisation.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

NuGig is an editorial and diagnostic tool. It collects self-reported responses to a structured assessment, applies a deterministic scoring algorithm, and returns ranked suggestions, explanatory breakdowns, and a template 30-day action plan. Outputs depend entirely on the accuracy and completeness of the information you supply. Inaccurate, careless, or deliberately misleading responses will produce correspondingly unreliable results, and we accept no responsibility for that outcome.

NOTHING IN THE SERVICE CONSTITUTES FINANCIAL, INVESTMENT, TAX, LEGAL, ACCOUNTING, EMPLOYMENT, MEDICAL, OR OTHER PROFESSIONAL ADVICE. No fiduciary, advisory, agency, or professional relationship is created between you and NuGig by your use of the Service.

Income ranges, timelines, startup-cost estimates, and any other figures presented are illustrative approximations compiled from public and editorial sources. They are not projections, promises, or representations of results you will or are likely to achieve. Actual outcomes depend on factors entirely outside our control, including your effort, skill, market conditions, competition, capital, regulation, and chance. Most ventures do not succeed. You must conduct your own independent research and, where appropriate, obtain advice from a qualified professional before making any financial, contractual, tax, or career decision. You assume the entire risk of any decision you make in reliance on the Service.

You are solely responsible for complying with all laws applicable to any activity you pursue, including business registration, licensing, permitting, consumer-protection, employment, intellectual-property, securities, and tax obligations.

Certain features require an account. You must provide accurate, current, and complete registration information and keep it updated. You are solely responsible for safeguarding your credentials and for all activity occurring under your account, whether or not authorised by you. You must notify us immediately upon becoming aware of any unauthorised access or suspected breach of security.

You must not share, sell, transfer, lease, or otherwise make your account available to any other person, create an account using another person’s identity or email address, or maintain multiple accounts to evade any restriction, limit, or suspension.

You must not, and must not permit or enable any other person to:

• Access, scrape, crawl, harvest, index, or systematically extract any portion of the Service or its underlying data by automated means, or otherwise compile a database from the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, weightings, or data structures underlying the Service, except to the limited extent such restriction is expressly prohibited by applicable law;
• Copy, reproduce, republish, resell, sublicense, or commercially exploit the assessment, scoring output, plan format, or any other part of the Service without our prior written consent;
• Circumvent, disable, or interfere with any authentication, rate limit, access control, or security feature;
• Probe, scan, or test the vulnerability of the Service or any related system or network, or breach or attempt to breach any security or authentication measure;
• Transmit malware, malicious code, or any material designed to disrupt, damage, degrade, or overburden the Service or its infrastructure;
• Submit content that is unlawful, defamatory, harassing, discriminatory, obscene, deceptive, or infringing of any intellectual-property, privacy, publicity, or contractual right;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Use the Service to develop, train, benchmark, or improve any competing product, model, or dataset;
• Use the Service in violation of any applicable law, regulation, sanctions programme, or export-control restriction.

We reserve the right, but assume no obligation, to monitor use of the Service, to investigate any suspected violation, and to take any action we consider appropriate, including removing content, restricting features, suspending or terminating accounts, and reporting conduct to law-enforcement authorities.

You retain all ownership rights in the responses, suggestions, feedback, and other material you submit (“Your Content”). You grant NuGig a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to host, store, reproduce, process, adapt, and display Your Content solely as necessary to operate, secure, maintain, and improve the Service, and, in aggregated or de-identified form that cannot reasonably be used to identify you, for analysis, benchmarking, and publication of statistics.

You warrant that you own or otherwise control all rights in Your Content, that it is accurate, and that its submission and use as contemplated by these Terms does not violate any law or infringe any third-party right. Any suggestion, idea, or feature request you submit is provided on a non-confidential basis, and we may use it for any purpose without obligation, attribution, or compensation.

The Service, including the NuGig name and logo, the assessment instrument and its question set, the scoring methodology, the plan structure and templates, all text, graphics, layout, compilation, and software, and all intellectual-property rights therein, are and remain the exclusive property of NuGig and its licensors, and are protected by copyright, trademark, and other laws.

Subject to your continuing compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service, and to retain plans generated for you, for your own personal and internal non-commercial purposes. All rights not expressly granted are reserved. This licence terminates automatically upon any breach of these Terms.

Portions of the Service may generate text, plans, or guidance using automated or AI-assisted systems. Such output may be incomplete, outdated, inaccurate, or unsuitable for your circumstances, and it is provided without any representation as to correctness. You must independently verify any output before relying upon it. You must not use the Service to generate content that is unlawful, misleading, or presented to third parties as professional advice.

The Service may reference or link to third-party websites, platforms, tools, or marketplaces. We do not control, endorse, vet, or assume any responsibility for those parties, their content, their terms, their pricing, or their conduct. Any dealings between you and a third party are solely between you and that party, and we shall not be liable for any loss arising from such dealings.

The Service is provided on an “as available” basis. We do not guarantee uninterrupted, timely, secure, or error-free operation, and we may modify, suspend, limit, or discontinue any part of the Service, including any feature, dataset, or question, at any time, with or without notice and without liability to you. Certain features may be identified as preview, beta, or experimental; these are provided for evaluation only, may change or be withdrawn without notice, and are excluded from any support commitment.

You are responsible for maintaining your own copies of any plan or result you wish to preserve. We are not obliged to store, back up, or return Your Content following termination.

The Service is currently provided free of charge. We reserve the right to introduce paid plans, features, or usage limits at any time. Any charges will be disclosed clearly before you incur them, and no fee will be applied to an existing account without your express affirmative consent. Where paid features are introduced, supplemental terms governing billing, renewal, cancellation, and refunds will apply and will form part of these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, DATA, SCORES, RECOMMENDATIONS, AND PLANS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NUGIG EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We make no warranty that the Service will meet your requirements, that results will be accurate or reliable, that defects will be corrected, or that the Service will be free of harmful components. No advice or information, whether oral or written, obtained from NuGig creates any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the foregoing exclusions apply to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUGIG AND ITS OFFICERS, CONTRACTORS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations are fundamental elements of the bargain between you and NuGig and apply even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

You shall defend, indemnify, and hold harmless NuGig and its officers, contractors, suppliers, and licensors from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, costs, and expenses (including reasonable legal fees) arising out of or relating to (a) your use or misuse of the Service; (b) Your Content; (c) your breach of these Terms or of any law or third-party right; or (d) any venture, transaction, or decision you undertake in connection with the Service. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you shall cooperate fully with such defence.

We may suspend or terminate your access to the Service, in whole or in part, immediately and without notice or liability, where we reasonably believe you have breached these Terms, where required by law, or where necessary to protect the Service or other users. You may terminate at any time by ceasing use and requesting deletion of your account.

Upon termination, all licences granted to you cease immediately. Sections 3, 6, 7, and 12 through 18, together with any provision that by its nature should survive, shall survive termination.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Informal resolution first. Before commencing any formal proceeding, you agree to contact us and attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days from the date of written notice.

Binding arbitration and class-action waiver. If the dispute is not resolved informally, it shall be settled by final and binding individual arbitration administered under the rules of a recognised arbitral body, seated in Delaware, conducted in English. YOU AND NUGIG EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual-property rights. Any claim must be brought within one (1) year after it arises, or it is permanently barred, except where a longer period is required by law. If this arbitration provision is held unenforceable in whole or in part, the courts located in Delaware shall have exclusive jurisdiction, and you consent to their personal jurisdiction and venue. Where mandatory local consumer law grants you the right to bring proceedings in your place of residence, that right is unaffected.

We may revise these Terms at any time. The “Last updated” date above identifies the current version. For material changes, we will provide reasonable notice through the Service or by email prior to the effective date. Your continued use of the Service after that date constitutes binding acceptance of the revised Terms. If you do not accept them, you must stop using the Service; discontinuation is your sole and exclusive remedy.

Entire agreement. These Terms, together with the Privacy Policy and any supplemental terms, constitute the entire agreement between you and NuGig regarding the Service and supersede all prior understandings. Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary and the remaining provisions shall remain in full force. No waiver. Our failure to enforce any provision is not a waiver of it. Assignment. You may not assign or transfer these Terms without our prior written consent; we may assign them freely in connection with a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. No third-party beneficiaries. These Terms confer no rights on any person other than you and NuGig. Headings. Headings are for convenience only and do not affect interpretation.

Questions or notices concerning these Terms should be directed to the site owner via the Suggestions form. These Terms are provided by NuGig for the operation of the Service and do not constitute legal advice to you.