Terms of service

1. Definitions

In these Terms of Service, the following terms shall have the meanings set forth below unless the context requires otherwise:

"Platform" or "Service" means the Nudj gamification and community engagement platform, including all software, applications (web and mobile), APIs, tools, features, content, and related services provided by Nudj Limited, accessible via nudj.cx and associated domains.

"Customer", "You", or "Your" refers to the business entity, organization, creator, or individual that has entered into a subscription agreement with Nudj to access and use the Platform for their own business purposes.

"End Users" means the individuals who interact with challenges, campaigns, or communities created by the Customer using the Platform, including participants, community members, and content contributors.

"Customer Data" means all data, content, and information submitted, uploaded, or generated by the Customer or End Users through the Platform, including but not limited to user profiles, challenge responses, analytics data, and user-generated content.

"Subscription Plan" means the tier of service selected by the Customer (Standard or Enterprise), which determines pricing, features, support levels, and service level commitments as detailed in Section 4 and published on the Nudj pricing page.

"API" means the application programming interfaces provided by Nudj that enable Customers to programmatically access Platform functionality and integrate with third-party systems, subject to the terms in Section 13.

"Confidential Information" means any non-public information disclosed by one party to the other, including but not limited to technical specifications, business strategies, pricing information, and Customer Data, as further defined in Section 14.

"Effective Date" means January 14, 2025, or the date You first accept these Terms by creating an account, subscribing to a Subscription Plan, or using the Platform, whichever occurs first.

2. Acceptance of Terms

2.1 Binding Agreement

By accessing, browsing, or using the Nudj Platform in any capacity, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and our Cookie Policy, which are incorporated herein by reference. If You do not agree to these Terms, You must immediately cease all use of the Platform.

2.2 Authority to Enter Agreement

If You are entering into these Terms on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms. In such cases, "You" and "Customer" refer to such entity. If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Platform.

2.3 Minimum Age Requirement

The Platform is intended for use by businesses, organizations, and professional creators. If You are an individual Customer (not representing an entity), You must be at least 18 years of age to accept these Terms and use the Platform. By accepting these Terms, You represent that You meet this age requirement.

2.4 Electronic Acceptance

Your electronic acceptance of these Terms (by clicking "I Agree," creating an account, or using the Platform) constitutes Your signature and agreement to be bound by these Terms as if You had physically signed a written agreement. You agree that electronic records of Your acceptance have the same legal effect as a written signature.

3. Description of Services

3.1 Platform Overview

Nudj provides a comprehensive B2B SaaS gamification and community engagement platform designed to help brands, creators, enterprises, and agencies build deeper connections with their audiences. The Platform enables Customers to create interactive experiences, track engagement metrics, and drive measurable business outcomes through behavioral science and game mechanics.

3.2 Core Platform Features

Subject to Your Subscription Plan and these Terms, Nudj grants You access to the following core features:

Interactive Challenges: Multi-action quest creation tools combining quizzes, polls, social media interactions, surveys, and user-generated content campaigns. Challenges support diverse media types including video, images, audio, and text responses.

Gamification Engine: Comprehensive game mechanics including points and experience point (XP) systems, achievement badges, progression levels, leaderboards (global, regional, and custom segments), streak tracking, and tier-based progression systems. All gamification elements are fully customizable to match Your brand identity.

Rewards Management: End-to-end rewards system supporting digital rewards (discount codes, exclusive content access, NFTs), physical prize draws with inventory management, automated reward distribution, redemption tracking, and fraud prevention mechanisms.

Community Features: Social sharing integrations (YouTube, Instagram, TikTok, Twitter/X), user-generated content moderation tools (AI-assisted and manual review queues), community feeds, user profiles, and social interaction capabilities.

Analytics & Insights: Real-time engagement dashboards, user behavior tracking, retention metrics, conversion funnels, ROI measurement tools, cohort analysis, A/B testing capabilities, and customizable reporting with data export functionality.

3.3 Advanced Features (Enterprise Plans)

Enterprise Subscription Plans include access to advanced features such as:

AI-Powered Nudj Agent: Automated community creation, challenge generation using natural language prompts, intelligent content suggestions, and AI-driven engagement optimization based on behavioral patterns.

White-Label & Customization: Complete platform white-labeling with custom branding, logo replacement, color scheme customization, custom domain integration, and removal of Nudj branding from End User interfaces.

Enterprise Integrations: CRM system integrations (Salesforce, HubSpot, Zoho), marketing automation platforms (Marketo, Pardot), payment processing (Stripe, PayPal), and custom API integrations via dedicated technical support.

Multi-Language Support: Platform localization in 32 languages with automated translation capabilities, regional customization options, and language-specific content management.

3.4 API Access

The Platform provides RESTful APIs that enable programmatic access to core functionality. API access is subject to rate limits based on Your Subscription Plan (see Section 13) and the API documentation. API authentication requires OAuth 2.0 or API key credentials.

3.5 Mobile Applications

Nudj provides native mobile applications for iOS and Android platforms, available through the Apple App Store and Google Play Store. Mobile app functionality may differ from the web platform based on device capabilities and operating system limitations.

3.6 Service Modifications

Nudj reserves the right to modify, enhance, or discontinue any aspect of the Platform at any time, with or without notice, except for material reductions in core functionality available in Your Subscription Plan, which will be subject to the notice provisions in Section 15.

4. Subscription & Billing

4.1 Subscription Plans

Nudj offers multiple Subscription Plans with varying features, pricing, and service levels. The specific features, limitations, and pricing for each plan are detailed on our pricing page. Current plans include Standard (for small to mid-sized businesses) and Enterprise (for large organizations requiring advanced features and dedicated support).

4.2 Billing Cycle and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on Your selected billing cycle. Payment is due immediately upon subscription or renewal. We accept payment via credit card, debit card, and ACH bank transfer through our payment processors Stripe and PayPal. You authorize Nudj to charge Your designated payment method on each billing cycle until You cancel Your subscription.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless You cancel prior to the renewal date. You will be charged the then-current subscription fee for Your plan at renewal. We will provide notice of any price changes at least 30 days before the renewal date. Continued use of the Platform after receiving notice of a price increase constitutes acceptance of the new pricing.

4.4 Price Changes

Nudj reserves the right to modify subscription pricing at any time. Price changes will not affect Your current billing cycle but will apply to subsequent renewals. If You do not agree to a price increase, You may cancel Your subscription before the renewal date as outlined in Section 4.6.

4.5 Taxes

All fees are exclusive of applicable taxes, duties, levies, tariffs, and other governmental charges (collectively, "Taxes"). You are responsible for paying all Taxes associated with Your subscription. If Nudj is required to collect or pay Taxes, such amounts will be invoiced to You and are due along with subscription fees.

4.6 Cancellation and Refunds

You may cancel Your subscription at any time by accessing Your account settings or contacting support@nudj.cx. Cancellations take effect at the end of the current billing cycle, and You will retain access to the Platform until that date.

Monthly Subscriptions: No refunds are provided for monthly subscriptions. If You cancel, You will not be charged for subsequent months, but fees already paid are non-refundable.

Annual Subscriptions: If You cancel an annual subscription within the first 30 days of the initial subscription period, You may request a pro-rated refund for the unused portion of Your subscription. After 30 days, no refunds will be issued, but Your subscription will remain active until the end of the annual term.

4.7 Late Payment and Suspension

If payment is not received by the due date, Nudj reserves the right to suspend Your access to the Platform after 10 days' notice. Suspended accounts will not result in data deletion during the suspension period (up to 30 days), but access to the Platform and all features will be disabled. If payment is not received within 30 days of suspension, Nudj may terminate Your account and delete Your data as outlined in Section 11.

4.8 Usage-Based Charges

Certain Enterprise plans may include usage-based pricing for features such as API calls exceeding included limits, data storage beyond allocated capacity, or premium add-ons. Usage-based charges will be calculated monthly and invoiced separately from subscription fees. You will receive notice if Your usage approaches plan limits.

5. Data Protection & Privacy

5.1 Data Processing Roles

For the purposes of data protection laws including the General Data Protection Regulation (GDPR) (EU) 2016/679 and the UK GDPR, the Customer acts as the data controller and Nudj acts as the data processor with respect to Customer Data and End User personal data. As data controller, You are responsible for ensuring that Your collection, use, and processing of End User data complies with all applicable data protection laws.

5.2 Data Processing Agreement

By accepting these Terms, You also accept the terms of our Data Processing Agreement (DPA), which complies with GDPR Article 28 requirements. The DPA governs Nudj's processing of personal data on Your behalf and includes standard contractual clauses for international data transfers. The DPA is incorporated into these Terms by reference and is available in Your account settings or upon request to privacy@nudj.cx.

5.3 Privacy Policy

Nudj's collection, use, and protection of Your information and End User data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for providing End Users with appropriate privacy notices regarding data collection and obtaining any necessary consents for data processing activities You conduct using the Platform.

5.4 Data Security

Nudj implements industry-standard technical and organizational measures to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. These measures include data encryption in transit (TLS 1.3) and at rest (AES-256), access controls, regular security audits, penetration testing, and compliance with SOC 2 Type II standards. However, no security system is impenetrable, and Nudj cannot guarantee absolute security.

5.5 Data Subject Rights

Nudj will assist You in fulfilling data subject rights requests under GDPR and other data protection laws, including rights of access, rectification, erasure, data portability, restriction of processing, and objection to processing. If Nudj receives a data subject rights request directly from an End User, we will promptly notify You and cooperate in responding to such requests. You remain responsible for responding to data subject requests within legally required timeframes.

5.6 Data Retention

Nudj will retain Customer Data for the duration of Your subscription and for a period of 30 days following termination (or up to 90 days for Enterprise customers with extended retention requirements). After this retention period, Customer Data will be permanently deleted unless retention is required by law or for legitimate business purposes (such as accounting records, which may be retained for up to 6 years as required by UK financial regulations). You may request earlier data deletion by contacting privacy@nudj.cx.

5.7 International Data Transfers

Customer Data may be transferred to and processed in countries outside the European Economic Area (EEA) and the United Kingdom, including the United States. Such transfers are governed by standard contractual clauses approved by the European Commission and the UK Information Commissioner's Office (ICO), ensuring adequate protection for transferred data.

5.8 Sub-processors

Nudj engages third-party sub-processors to assist in providing the Platform, including hosting providers, payment processors, and analytics services. A current list of sub-processors is maintained in our Privacy Policy and DPA. Nudj will provide 30 days' advance notice of new sub-processors, and You may object to such changes by terminating Your subscription if the new sub-processor presents data protection concerns.

5.9 Data Breach Notification

In the event of a data breach affecting Customer Data, Nudj will notify You without undue delay and within 72 hours of becoming aware of the breach, as required by GDPR Article 33. Notifications will include the nature of the breach, categories and approximate number of affected data subjects, likely consequences, and measures taken to address the breach.

6. Intellectual Property

6.1 Nudj Intellectual Property

The Platform and all underlying software, technology, algorithms, designs, trademarks, service marks, logos, user interfaces, visual elements, documentation, and content provided by Nudj (collectively, "Nudj IP") are the exclusive property of Nudj Limited and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant You any ownership rights to Nudj IP.

6.2 Limited License to Use Platform

Subject to Your compliance with these Terms and payment of applicable fees, Nudj grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for Your internal business purposes during the subscription term. This license does not permit You to sublicense, resell, or otherwise commercialize access to the Platform without Nudj's prior written consent.

6.3 Customer Data Ownership

You retain all ownership rights to Customer Data. By submitting Customer Data to the Platform, You grant Nudj a worldwide, non-exclusive, royalty-free license to use, process, store, and display Customer Data solely to the extent necessary to provide the Platform, perform our obligations under these Terms, and improve the Platform (in anonymized, aggregated form that cannot identify You or End Users).

6.4 End User Content Rights

As between Nudj and the Customer, the Customer is responsible for securing all necessary rights, licenses, and consents to use End User-generated content on the Platform. You represent and warrant that You have obtained all required permissions to collect, use, and display End User content through challenges, campaigns, and community features.

6.5 Feedback and Suggestions

If You provide Nudj with feedback, suggestions, or ideas regarding the Platform ("Feedback"), You grant Nudj an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Platform or other Nudj products without attribution or compensation to You.

6.6 Trademark Usage

You may not use Nudj's trademarks, logos, or brand elements without prior written permission, except as necessary to identify Nudj as the provider of the Platform in compliance with these Terms. Any use of Nudj marks must comply with our brand guidelines and obtain approval from legal@nudj.cx.

6.7 Copyright Infringement Claims

If You believe that content on the Platform infringes Your copyright, please notify us at legal@nudj.cx with the following information: (a) identification of the copyrighted work; (b) identification of the infringing material; (c) Your contact information; (d) a statement of good faith belief that the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate and You are authorized to act on behalf of the copyright owner.

7. Acceptable Use Policy

7.1 Prohibited Activities

You agree not to use the Platform for any unlawful purpose or in any manner that violates these Terms. Prohibited activities include, but are not limited to:

Illegal Content: Uploading, posting, or distributing content that is illegal, fraudulent, defamatory, obscene, pornographic, or that violates any applicable laws or regulations.

Harmful Activities: Transmitting viruses, malware, or other malicious code; engaging in phishing, spamming, or other deceptive practices; or attempting to gain unauthorized access to the Platform or other users' accounts.

Intellectual Property Violations: Infringing the intellectual property rights of Nudj or third parties, including using copyrighted material without authorization or impersonating other individuals or entities.

Abusive Behavior: Harassing, threatening, or abusing other users, Nudj employees, or End Users; engaging in hate speech, discrimination, or promotion of violence.

7.2 Restricted Use Cases

The Platform may not be used for the following restricted purposes without prior written approval from Nudj:

High-Risk Activities: Use in life-critical systems, medical devices, nuclear facilities, aircraft navigation, or any application where Platform failure could result in death, personal injury, or significant property damage.

Competitive Intelligence: Using the Platform to monitor Nudj's functionality, features, or performance for the purpose of building a competing product or service.

Regulated Industries: Use in heavily regulated industries (financial services, healthcare, gambling, cannabis) requires disclosure and may require additional compliance measures.

7.3 Content Moderation

You are solely responsible for moderating End User content and ensuring it complies with applicable laws and these Terms. Nudj provides AI-assisted content moderation tools and manual review capabilities, but ultimate responsibility for content moderation rests with You. Nudj reserves the right to remove content that violates these Terms or applicable laws.

7.4 Platform Integrity

You agree not to:

Reverse engineer, decompile, or disassemble any aspect of the Platform; circumvent or disable security features, authentication mechanisms, or usage limitations; create derivative works of the Platform; use automated tools to scrape, crawl, or index the Platform; or interfere with the proper functioning of the Platform or burden servers with excessive requests.

7.5 Enforcement

Nudj reserves the right to investigate violations of this Acceptable Use Policy and to take appropriate action, including but not limited to removing content, suspending accounts, terminating subscriptions, and reporting illegal activities to law enforcement authorities. Nudj may also cooperate with legal authorities and third parties in investigating violations.

8. Customer Obligations

8.1 Account Security

You are responsible for maintaining the security of Your account credentials and for all activities that occur under Your account. You agree to use strong passwords, enable two-factor authentication where available, and immediately notify support@nudj.cx if You suspect unauthorized access. Nudj is not liable for losses resulting from unauthorized use of Your account unless such use results from Nudj's gross negligence or willful misconduct.

8.2 Accurate Information

You agree to provide accurate, current, and complete information when creating Your account and to update such information as necessary. Inaccurate or outdated information may result in service disruptions or account suspension.

8.3 Legal Compliance

You are responsible for ensuring that Your use of the Platform complies with all applicable laws, regulations, and industry standards, including data protection laws (GDPR, CCPA), consumer protection regulations, advertising standards, and any industry-specific requirements. This includes obtaining necessary consents from End Users for data collection and processing.

8.4 End User Management

You are solely responsible for managing Your relationships with End Users, including providing appropriate terms of service, privacy notices, and support. Nudj is not a party to any agreements between You and End Users and has no obligations to End Users except as required by law.

8.5 Fair Use of Resources

You agree to use Platform resources reasonably and in accordance with the limits of Your Subscription Plan. Excessive resource usage that impacts Platform performance or other customers' use may result in throttling, suspension, or additional charges.

8.6 Third-Party Integrations

If You integrate third-party services with the Platform (social media accounts, payment processors, CRM systems), You are responsible for maintaining those integrations and ensuring they comply with the third party's terms of service. Nudj is not responsible for disruptions caused by third-party service changes or failures.

9. Service Availability & Support

9.1 Service Level Commitment (Enterprise)

For Enterprise Subscription Plans, Nudj commits to maintaining 99.9% monthly uptime for the core Platform functionality (excluding scheduled maintenance). Uptime is measured on a monthly basis and excludes downtime caused by factors outside Nudj's reasonable control, including Force Majeure events, Customer actions, third-party service failures, and scheduled maintenance windows.

9.2 Service Credits (Enterprise)

If Nudj fails to meet the 99.9% uptime commitment for Enterprise customers, You may be eligible for service credits calculated as follows:

• 99.0% - 99.9% uptime: 10% credit of monthly subscription fee
• 95.0% - 98.9% uptime: 25% credit of monthly subscription fee
• Below 95.0% uptime: 50% credit of monthly subscription fee

Service credits must be requested within 30 days of the month in which the downtime occurred by contacting support@nudj.cx with supporting documentation. Credits are applied to future invoices and do not entitle You to refunds or cash compensation.

9.3 Standard Plan Availability

Standard Subscription Plans are provided on a "best effort" basis without specific uptime guarantees or service level agreements. While Nudj strives to maintain high availability for all customers, Standard plan customers are not eligible for service credits for downtime.

9.4 Scheduled Maintenance

Nudj will perform scheduled maintenance during designated maintenance windows, typically outside of peak usage hours. We will provide at least 7 days' advance notice of scheduled maintenance that is expected to cause service disruptions exceeding 30 minutes. Emergency maintenance may be performed with shorter notice if necessary to address security vulnerabilities or critical system issues.

9.5 Support Channels

Support is provided via the following channels based on Your Subscription Plan:

Standard Plan: Email support at support@nudj.cx with best-effort response times (typically within 48 business hours). Access to the Help Center with documentation, guides, and FAQs.

Enterprise Plan: Priority email support with response times of 4 business hours for critical issues and 8 business hours for standard inquiries. Access to dedicated account management, phone support during business hours, and optional 24/7 emergency support for critical production issues.

9.6 Support Scope

Support includes assistance with Platform functionality, troubleshooting technical issues, guidance on feature usage, and resolution of bugs or errors. Support does not include custom development, consulting services, training beyond standard onboarding, or assistance with third-party integrations beyond initial setup guidance.

10. Warranties, Disclaimers & Limitation of Liability

10.1 Limited Warranty (Enterprise)

For Enterprise Subscription Plans, Nudj warrants that the Platform will perform substantially in accordance with its published documentation during the subscription term. If the Platform fails to conform to this warranty, Nudj's sole obligation and Your exclusive remedy is for Nudj to use commercially reasonable efforts to correct the non-conformance or, if Nudj cannot reasonably correct it, to terminate Your subscription and provide a pro-rated refund for the unused portion of the subscription term.

10.2 Disclaimer of Warranties (Standard)

EXCEPT FOR THE LIMITED WARRANTY PROVIDED TO ENTERPRISE CUSTOMERS, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUDJ DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. NUDJ DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NUDJ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE LESSER OF:

(A) THE TOTAL FEES PAID BY YOU TO NUDJ IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR

(B) £10,000 (TEN THOUSAND POUNDS STERLING).

10.4 Exclusion of Consequential Damages

IN NO EVENT SHALL NUDJ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, EVEN IF NUDJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5 Exceptions to Limitations

The limitations in Sections 10.3 and 10.4 do not apply to:

• Liability for death or personal injury caused by Nudj's negligence;
• Liability for fraud or fraudulent misrepresentation;
• Liability for gross negligence or willful misconduct;
• Breach of Section 14 (Confidentiality) by Nudj;
• Infringement of Nudj's intellectual property rights by You; or
• Any other liability that cannot be excluded or limited by law.

10.6 Allocation of Risk

The limitations and exclusions in this Section 10 reflect an allocation of risk between You and Nudj and are a fundamental basis of the bargain between the parties. These limitations will apply even if any remedy fails of its essential purpose.

11. Termination

11.1 Termination by Customer

You may terminate Your subscription at any time by canceling through Your account settings or by contacting support@nudj.cx. Termination takes effect at the end of Your current billing cycle, and You will retain access to the Platform until that date. Fees paid are non-refundable except as provided in Section 4.6.

11.2 Termination by Nudj for Cause

Nudj may terminate Your subscription immediately upon notice if:

• You materially breach these Terms and fail to cure the breach within 15 days of receiving written notice;
• You fail to pay fees when due and do not remedy the non-payment within 10 days of notice;
• You violate the Acceptable Use Policy (Section 7) in a manner that poses legal or security risks;
• You become insolvent, file for bankruptcy, or undergo similar proceedings;
• Your use of the Platform causes harm to Nudj, other customers, or third parties.

11.3 Termination by Nudj for Convenience

Nudj may terminate Your subscription for convenience by providing 90 days' advance written notice. In such cases, You will receive a pro-rated refund for any prepaid fees covering the period after termination.

11.4 Effects of Termination

Upon termination or expiration of Your subscription:

• Your license to use the Platform immediately terminates;
• You must cease all use of the Platform and any Nudj IP;
• Nudj will retain Customer Data for 30 days (90 days for Enterprise customers) to allow You to export or retrieve Your data;
• After the retention period, Nudj will permanently delete Customer Data unless retention is required by law;
• You remain liable for all fees incurred prior to termination;
• Sections of these Terms that by their nature should survive (including Sections 6, 10, 11, 14, 16, and 17) will continue to apply.

11.5 Data Export

Prior to termination, You should export Your Customer Data using the Platform's data export tools. Enterprise customers may request assistance with bulk data exports by contacting support@nudj.cx. Nudj is not responsible for Customer Data that is not exported before the retention period expires.

11.6 Post-Termination Obligations

After termination, You must return or destroy all Confidential Information (as defined in Section 14) provided by Nudj. You must also cease any use of Nudj trademarks, logos, or other intellectual property.

12. Third-Party Integrations

12.1 Third-Party Services

The Platform supports integrations with various third-party services, including social media platforms (YouTube, Instagram, TikTok, Twitter/X, Facebook), payment processors (Stripe, PayPal), CRM systems (Salesforce, HubSpot, Zoho), marketing automation tools, and analytics services. These integrations are provided to enhance Platform functionality but are subject to the third party's terms of service and availability.

12.2 No Warranty for Third-Party Services

Nudj does not control, endorse, or assume responsibility for third-party services. Third-party integrations are provided "as is" without warranties. Nudj is not liable for any issues arising from third-party services, including service interruptions, data breaches, policy changes, or termination of integration support by the third party.

12.3 Integration Authentication

To use third-party integrations, You must provide authentication credentials (API keys, OAuth tokens, etc.) and authorize the Platform to access Your accounts on those services. You are responsible for maintaining the security of integration credentials and for revoking access if needed.

12.4 Data Sharing with Third Parties

When You enable third-party integrations, Customer Data may be shared with those services as necessary to provide integration functionality. You are responsible for reviewing the third party's privacy policy and ensuring that data sharing complies with applicable laws and Your End Users' expectations.

12.5 Changes to Integrations

Nudj reserves the right to add, modify, or discontinue third-party integrations at any time. We will provide reasonable notice (typically 30 days) before discontinuing integrations that are widely used, but immediate discontinuation may be necessary if required by the third party or to address security concerns.

13. API Usage Terms

13.1 API Access

Subject to these Terms and Your Subscription Plan, Nudj grants You access to the Nudj API to programmatically interact with Platform functionality. API access requires authentication via OAuth 2.0 or API keys provided through Your account. Complete API documentation is available at /resources/api-reference.

13.2 API Rate Limits

API usage is subject to rate limits based on Your Subscription Plan:

• Standard Plan: 1,000 API requests per minute, 100,000 requests per day
• Enterprise Plan: 10,000 API requests per minute, 1,000,000 requests per day (higher limits available upon request)

Exceeding rate limits will result in HTTP 429 (Too Many Requests) responses. Repeated violations may result in temporary API access suspension. Enterprise customers may request custom rate limits for specific use cases by contacting support@nudj.cx.

13.3 Prohibited API Activities

You agree not to:

• Use the API to scrape, crawl, or systematically extract data beyond Your legitimate business needs;
• Circumvent or attempt to bypass rate limits, authentication mechanisms, or security controls;
• Reverse engineer, decompile, or attempt to derive the source code of the API;
• Use the API to build a competing product or service;
• Make API calls that intentionally burden or disrupt Platform infrastructure;
• Share API credentials with unauthorized third parties or use another customer's credentials.

13.4 API Changes and Versioning

Nudj maintains API versioning to ensure backward compatibility. We will provide at least 12 months' notice before deprecating API endpoints or introducing breaking changes to existing API versions. New API versions may be released periodically with enhanced functionality. You are encouraged to upgrade to newer API versions during the supported transition period.

13.5 API Monitoring

Nudj monitors API usage for security, performance, and compliance purposes. Unusual patterns, excessive usage, or suspicious activity may trigger automated throttling or manual review. We reserve the right to contact You regarding API usage that raises concerns.

14. Confidentiality

14.1 Definition of Confidential Information

"Confidential Information" means any non-public information disclosed by one party (the "Disclosing Party") to the other party (the "Receiving Party") that is designated as confidential or that reasonably should be considered confidential given the nature of the information and circumstances of disclosure. Confidential Information includes, but is not limited to, technical specifications, business strategies, pricing information, Customer Data, proprietary algorithms, and trade secrets.

14.2 Obligations

The Receiving Party agrees to:

• Maintain the confidentiality of Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care;
• Use Confidential Information only for the purposes of performing obligations or exercising rights under these Terms;
• Disclose Confidential Information only to employees, contractors, or advisors who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those in this Section;
• Promptly notify the Disclosing Party of any unauthorized disclosure or use of Confidential Information.

14.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms by the Receiving Party;
• Was rightfully known to the Receiving Party prior to disclosure;
• Is rightfully received by the Receiving Party from a third party without breach of confidentiality obligations;
• Is independently developed by the Receiving Party without use of or reference to Confidential Information.

14.4 Compelled Disclosure

If the Receiving Party is required by law, regulation, or court order to disclose Confidential Information, it will promptly notify the Disclosing Party (unless prohibited by law) and cooperate in seeking a protective order or other appropriate remedy. If such protection is not obtained, the Receiving Party will disclose only the minimum Confidential Information legally required.

14.5 Duration

Confidentiality obligations survive for 5 years after termination of these Terms, except for trade secrets, which remain confidential for as long as they qualify as trade secrets under applicable law.

15. Modifications to Terms & Services

15.1 Changes to Terms

Nudj reserves the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on this page with a revised "Effective Date";
• Sending email notification to the address associated with Your account at least 30 days before the changes take effect (for material changes); and
• Displaying an in-Platform notification upon Your next login.

Your continued use of the Platform after the effective date of modified Terms constitutes acceptance of those changes. If You do not agree to the modified Terms, You may terminate Your subscription as outlined in Section 11.1.

15.2 Changes to Services

Nudj continuously evolves the Platform by adding new features, improving existing functionality, and occasionally deprecating features. We will provide 90 days' advance notice before removing or substantially reducing functionality that is core to Your Subscription Plan. Minor updates, enhancements, and bug fixes may be deployed without notice.

15.3 Beta Features

Nudj may offer beta, preview, or experimental features ("Beta Features") that are not part of the standard Platform offering. Beta Features are provided "as is" without warranties or support commitments. Nudj may modify, discontinue, or charge for Beta Features at any time without notice. Feedback provided regarding Beta Features may be used by Nudj without restriction as outlined in Section 6.5.

16. Dispute Resolution

16.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties agree to first attempt to resolve the matter through good faith negotiations. Either party may initiate negotiations by providing written notice to the other party at legal@nudj.cx (for notices to Nudj) or the email address associated with Your account (for notices to You).

16.2 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Platform shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

16.3 Jurisdiction

Subject to Section 16.4, the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Platform.

16.4 Injunctive Relief

Notwithstanding Section 16.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or Confidential Information.

16.5 No Class Actions

You agree that disputes will be resolved on an individual basis and not as part of a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Nudj.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any Order Forms or Subscription Agreements executed between the parties, constitute the entire agreement between You and Nudj regarding the Platform and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

17.2 Assignment

You may not assign, transfer, or delegate these Terms or Your rights and obligations hereunder without Nudj's prior written consent. Any attempted assignment in violation of this Section is void. Nudj may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

17.3 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms (other than payment obligations) due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, natural disasters, pandemics, government actions, labor disputes, or disruptions in internet connectivity or third-party services.

17.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' intent.

17.5 Waiver

No waiver of any provision of these Terms shall be deemed or constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. A party's failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other right or provision.

17.6 Relationship of Parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to bind the other or to incur obligations on the other's behalf.

17.7 Third-Party Beneficiaries

These Terms are for the benefit of the parties and their permitted successors and assigns. No third party (including End Users) is an intended beneficiary of these Terms or has any right to enforce any provision hereof.

17.8 Export Control

The Platform and related technology may be subject to export control laws and regulations of the United Kingdom, United States, and other jurisdictions. You agree to comply with all applicable export and import laws and will not export, re-export, or transfer the Platform to prohibited countries, entities, or individuals.

17.9 Government Use

If You are a government entity or using the Platform on behalf of a government entity, the Platform qualifies as "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in applicable government procurement regulations. Government users acquire only those rights expressly granted in these Terms.

17.10 Notices

All notices under these Terms must be in writing and will be deemed given:

• When delivered personally;
• When sent by confirmed email (to legal@nudj.cx for Nudj; to the email associated with Your account for You);
• One business day after being sent by reputable overnight courier; or
• Five business days after being mailed by certified or registered mail, return receipt requested.

Notices to Nudj must be sent to: Nudj Limited, 6 Burgoyne Road, London, England, N4 1AD, Attention: Legal Department, Email: legal@nudj.cx

17.11 Survival

The following sections survive termination or expiration of these Terms: Sections 1, 4.5 (Taxes), 4.7 (Late Payment), 5 (Data Protection), 6 (Intellectual Property), 7 (Acceptable Use), 8 (Customer Obligations to the extent related to conduct prior to termination), 10 (Warranties and Liability), 11.4-11.6 (Post-Termination), 14 (Confidentiality), 16 (Dispute Resolution), and 17 (General Provisions).

17.12 Contact Information

If You have questions about these Terms of Service, please contact us:

Legal inquiries: legal@nudj.cx
Privacy inquiries: privacy@nudj.cx
General support: support@nudj.cx
Mailing address: Nudj Limited, 6 Burgoyne Road, London, England, N4 1AD
Company registration: Company No. 15506029 (England and Wales)